THE GOVERNMENT 
&OF MINNESOTA 

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G.O.VIRTUE 



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THE GOVERNMENT OF MINNESOTA 



THE GOVERNMENT 
OF MINNESOTA 



BY 



G. O. VIRTUE, Ph.D. 

II 

PROFESSOR OF POLITICAL ECONOMY IN THE UNIVERSITY OF NEBRASKA, AND FORMERLY 
INSTRUCTOR IN HISTORY AND CIVICS IN THE WINONA STATE NORMAL SCHOOL 



NEW YORK 

CHARLES SCRIBNER'S SONS 

1910 



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Copyright, ioio, by 
CHARLES SCRIBNER'S SONS 




*)CLA2896£ G 



TO 
M. V. V. 



PREFACE 

In preparing this account of the way Minnesota is gov- 
erned, the author has sought to make the framework and the 
operations of the government stand out as realities in a 
living world, but he well knows that a text-book can only 
imperfectly succeed in such a task. The responsibility of 
leading youth to an understanding and appreciation of the 
political organization by which they are surrounded, and 
above all, the giving of the proper attitude toward public 
matters, must depend largely upon the kind of atmosphere 
furnished by the home and by the school. The text-book in 
civil government is only an aid to the study of the subject. 
The one here presented presupposes some observation of 
governmental arrangements, such at least as are made in 
most schools of the grammar grade, in " general lessons," 
or in connection with civic leagues or young citizens' clubs, 
such as are described in the "Course of Study" recently 
published by the Department of Public Instruction. The 
provisions of the Constitution and the statutes have been 
made the starting-point in discussing the activities of the 
government. But the effort has been made to go behind 
these to show the needs they were intended to satisfy; and 
beyond them to show how they have worked out in political 



viii PREFACE 

action. To do this it has been necessary to use many details 
— more than any pupil should be expected to carry in mind 
for any great length of time. The details have served their 
part when they have helped to a comprehension of the 
activity that is being studied. Too much stress laid upon 
memorizing the particular fact kills the spirit of the work. 

The history of the State during the fifty years of its exist- 
ence, and that of the region from which it was carved, is 
full of interest and instruction; but it has necessarily, in the 
pages which follow, been treated with great brevity. Never- 
theless, in dealing with particular institutions enough of 
their history has been given to show the tendencies in their 
development. It had been intended to summarize and 
comment further on certain tendencies in a final chapter, 
but this the limits of space forbade. Nevertheless, the 
facts are given and speak for themselves. Two recent books 
make the history of the State accessible to all: Professor 
Folwell's " Minnesota" and Gen. James H. Baker's "The 
Lives of the Governors." The most helpful source of infor- 
mation for the young student, however, is the " Legislative 
Manual," where, besides an outline of the principal events 
in the State's history, a great mass of information of current 
interest is found. A new edition of this useful volume is 
published every two years, and each school district in the 
State is entitled to a copy of each edition. Where more 
copies are needed they may usually be had by applying to 
the county superintendent, or to a member of the Legisla- 
ture. Another useful book in connection with local govern- 
ment that should be in every school library is Booth's " Town- 
ship Manual." But the " Suggestions and Questions" at 



PREFACE ix 

the end of each chapter of the " Government" are intended 
to keep before teacher and pupil the fact that a great body 
of vitalizing material can be found in the local newspapers 
and in the reports of local officers. 

The author is under obligations to several friends who 
have read portions of the manuscript and proof, and made 
helpful suggestions. Among these should be mentioned 
County Superintendent W. A. Buggs, County Superintendent 
G. A. Howard, Assistant Superintendent of Public Instruc- 
tion C. R. Frazier, Superintendent J. A. Van Dyke, and 
above all Prof. J. A. James, general editor of the series, for 
the reading of the manuscript and proof and for a number 
of suggestions. 

G. O. Virtue. 

The University of Nebraska, January, 19 10. 



CONTENTS 

PAGE 

Preface vii 

CHAPTER 

I. The State of Minnesota i 

II. The Bill of Rights 14 

III. The Legislature: Its Structure . . . .21 

IV. The Legislature: The Making of Laws ... 32 
V. The Legislature: Limitations and Special Powers . 42 

VI. The Executive Department 51 

VII. The Judicial Department 68 

VIII. The Local Governments 85 

The County 86 

The Town 98 

The Village 106 

The City . 109 

Boroughs 117 

The School District 117 

IX. The Selection of Public Officers . . . .119 

X. Revenue and Expenditure 144 

XI. The School System 159 

XII. The Highways 179 

XIII. The Care of the Dependent Classes . . . 188 

Index 197 

xi 



THE GOVERNMENT OF MINNESOTA 

CHAPTER I. 

THE STATE OF MINNESOTA. 

The Territory of Minnesota. — When Iowa was admitted 
into the Union in 1846, the great region to the northward, 
which had been under the control of the Territory of Iowa, 
was left without a government. An effort was made during 
the winter of 1846-1847 to secure an act of Congress establish- 
ing a Territory of Minnesota; but it failed because of the re- 
fusal of the Senate to pass the bill. 1 In 1848, with the admis- 
sion of Wisconsin, a remnant of the Northwest Territory 
which had been included in Wisconsin Territory was also cut 
off and left without a government. Congress, by an act of 
March 3, 1849, united these two regions into the " Territory 
of Minnesota'' and provided a government for it, similar to 
that which had been adopted for all organized Territories 
since the enactment of the famous Ordinance for the North- 
west Territory in 1787. The new Territory was bounded on 

1 It is interesting to note that various names were proposed as substitutes 
for that of "Minnesota." The House Committee on Territories reported 
back the bill with the name " Itasca," substituted for that of Minnesota. 
Other names proposed during the discussion of the bill were "Jackson," 
"Washington," and "Chippewa." "Minnesota," the name of the chief 
river of the region, signifying "sky-tinted water," was, however, finally agreed 
upon as the name of the Territory. 



2 THE GOVERNMENT OF MINNESOTA 

the north by the British possessions, on the east and south 
by Wisconsin and Iowa respectively as the present State is; 
but on the south-west and west the boundary ran along the 
channel of the Missouri River from the point where it first 
touches the State of Iowa, north-westerly to the mouth of 
the White Earth River (near the western boundary of the 
present State of North Dakota), and up this river to the 
British line. It will thus be seen that Minnesota was carved 
out of territory having two distinct origins, that portion east 
of the Mississippi having been confirmed to the United 
States by the Treaty of 1783 and having been a part of the 
old Northwest Territory, and that portion west of the river 
having come to us as a part of the Louisiana Purchase. 

The Territorial Government. — The law creating the Territory, 
usually referred to as the " Organic Act," provided for a Governor * to 
serve four years. He was to act as commander-in-chief of the militia 
and as Superintendent of Indian affairs; and he was charged with the 
duty of taking "care that the laws be faithfully executed." It provided 
for a Secretary of State to keep a record of all territorial laws and all 
official acts and proceedings of the Governor; and, in the absence of 
the Governor, he was authorized to act in place of that officer. The 
law-making power was vested in a Legislative Assembly composed of a 
Council and a House of Representatives. The members of both houses 
were to be elected by popular vote. The laws enacted had to be in 
accord with the "Organic Act" and the Constitution and laws of the 
United States. They were subject to veto by the Governor, and even 
when signed by him might be disapproved by Congress and made null 
and void. Provision was also made (Section 9) for a system of courts. 
The judges of the Supreme Court and certain officers connected with it, 
as well as the Governor and the Secretary of State, were appointed by 
the President, with the consent of the Senate. The voters were author- 

1 Three governors served during the life of the Territory: Alexander 
Ramsey, June i, 1849, to May 15, 1853; Willis A. Gorman, May 15, 1853, 
to April 23, 1857, and Samuel Medary, April 23, 1857, to May 24, 1858. 



THE STATE OF MINNESOTA 3 

ized to elect a delegate to the Federal House of Representatives. The 
salaries of these officers and even of the members of the Legislature were 
fixed by the Act and were paid out of the Federal treasury. The Legisla- 
ture had the power to create a system of local government, make laws for 
the protection and convenience of the people, and to lay such taxes as it 
saw fit. 1 

From Territory to State. — For ten years Minnesota was 
governed as a Territory. The people were, however, anxious 
to gain admission as a State. During the winter 1856-1857 
the usual initial step was taken, that of securing from Con- 
gress an " Enabling Act," that is, an act authorizing the people 
of the Territory to hold a convention for framing a State 
Constitution. This act was approved February 26, 1857. It 
fixed the boundaries of the proposed new State, named the 
day on which an election of delegates should be held (the 
first Monday in June following), the place and time of meet- 
ing (the Capitol, on the second Monday in July), and author- 
ized the convention "to form a Constitution and to take all 
necessary steps for the establishment of a State Government, 
in conformity with the Federal Constitution, subject to the 
approval and ratification of the people of the proposed State." 
The act made it the duty of the United States marshal for the 
district to take a census in order to determine the number of 
representatives the State was entitled to. It also made sev- 
eral propositions concerning the public lands for the accept- 
ance or rejection of the convention. 2 

The election of delegates resulted in the choice of fifty-nine 
Republicans and fifty-three Democrats. Each party tried to 

1 On . the government of Territories, see Bryce, " American Common- 
wealth," abridged edition, Chapter 46. 

2 Read the act in the Legislative Manual. 



4 THE GOVERNMENT OF MINNESOTA 

get control of the organization of the convention, which met 
in the Chamber of the House of Representatives on July 13. 
Not being able to agree, the Democrats withdrew and on the 
next day organized in the Council Chamber, while the Repub- 
licans remained in possession of the House Chamber. Each 
organization claimed to be the legal one, and separately con- 
tinued work on a Constitution to the day of adjournment, 
August 29. On the last day, however, a compromise was 
reached by which the two bodies agreed to the same docu- 
ment. This proposed Constitution was submitted to the 
people for ratification on October 13, 1857, and was adopted 
by a vote of 30,055 to 571. At the same time the officers 
provided for in the Constitution were elected, in order 
that they might be ready to assume office when the State 
should be admitted to the Union. 

On January 11, 1858, the President notified the Senate 
that he had received from the Governor of the Territory of 
Minnesota a copy of the Constitution adopted by the people. 
January 26, a bill for admission was reported from the Com- 
mittee on Territories, to which the matter had been referred. 
After considerable debate the bill passed the Senate, April 
7, yeas 49, nays 3. There was likewise a contentious delay in 
the House, which finally passed the bill, May 11, yeas 157, 
nays 38. The act was approved on the same day. Minne- 
sota thus became the thirty-second State in the Union. On 
the 12th, Henry M. Rice and James Shields, who had, in De- 
cember preceding, been elected by the Legislature, were ad- 
mitted to the United States Senate, and on May 22 the House 
admitted two representatives, who had been chosen the pre- 
vious October. 



THE STATE OF MINNESOTA 5 

Starting the State Government. — Meanwhile the new 
State government had in part been put into operation. At 
the October election at which the people adopted the Con- 
stitution, they also, as before stated, chose the officers neces- 
sary for carrying on the State government; but it was provided 
in the Constitution that the Territorial officers should continue 
to act "until they shall be superseded by the authority of the 
State." It was also provided that the Legislature thus chosen 
should meet on the first Wednesday in December following. 
This was done with the expectation that Congress would in 
that month promptly admit the State into the Union; but as 
we have seen, Congress did not pass the required act till May 
11, 1858. The Legislature, consisting of thirty-seven sena- 
tors and eighty representatives, met on December 2, 1857, 
and began to make laws as though Minnesota were already 
a State; and its acts were signed by the Territorial Governor, 
as "Acting Governor." * On March 25 the Legislature 
adjourned until June 2, when it reconvened and during the 
summer completed its work. During the recess the State was 
admitted, and on May 24 Henry M. Sibley took the oath of 
office as Governor. The other State officers at the same time 
assumed their duties, and the Minnesota State government 
was in full operation. 

The Land and the People. — The State has an area of 
83,365 square miles lying in the heart of the "New North- 

1 More than twenty years afterward the constitutionality of the acts thus 
passed was called in question, and the Supreme Court held that "such 
irregularities . . . must be regarded as healed by the subsequent act of 
Congress admitting Minnesota into the Union," and by the acceptance of 
the acts questioned, in good faith, by the people. Secomb vs. Kittelson, 29 
Minn. 555-561. 



6 THE GOVERNMENT OF MINNESOTA 

west." That portion of it lying to the north and west of Lake 
Superior has extensive pine forests and rich mineral deposits, 
especially of iron. As a source of lumber supply on a large 
scale the forests have passed the period of their largest pro- 
duction. The iron industry, however, is only in its begin- 
ning. Mining operations began in the region about Lake 
Vermilion, known as the " Vermilion Range," in 1884, when 
62,000 tons were shipped. In 1892 the production had in- 
creased to more than a million tons, and in 1902 a little 
over 2,000,000 tons were mined. The output during the 
past five years has been about one and a half million tons 
on this range. In 1892 a new source of supply was opened 
in the Mesabi Range, also in St. Louis County. The pro- 
duction from this range has increased with great rapidity. 
In 1895 the t Minnesota mines on both ranges produced 
3,800,000 tons, in 1900, 9,800,000 tons, and in 1905, 
21,800,000 tons, more than half the iron ore produced in the 
United States in that year. In 1906 the output rose to more 
than 25,000,000 tons, and in 1907 to almost 30,000,000. 
Practically all of this ore has, heretofore, been shipped to 
various places along the Great Lakes, where it has been 
smelted and worked into various forms of iron and steel. 
There is now in course of construction, however, a great 
plant at Duluth for the reduction of ore and the manufacture 
of steel which will use a considerable part of the Minnesota 
output of ore. 

While more than half the area of the State is counted as 
forest region, Minnesota is essentially an agricultural State. 
The prairie regions in the south and west are devoted to agri- 
culture almost exclusively, and in most parts of the forest 



THE STATE OF MINNESOTA 7 

region farming has become the dominant industry. The 
State ranks high in the production of oats, corn, barley, and 
flax; but it is chiefly noted as a producer of wheat. In 1868 
the crop amounted to 15,200,000 bushels, practically all 
spring wheat. This variety was not at that time highly 
prized; but in 1870, with the introduction of the " middlings 
purifier," the valuable food qualities of spring wheat were 
first made known. Minnesota farmers as the chief producers 
of spring wheat profited immensely by the invention. In 
1875 they raised nearly 30,000,000 bushels. The milling 
industry located in the midst of the great source of supply 
grew rapidly. The mills were quick to adopt the great revo- 
lutionizing improvement of " rolls," which in the late 70's 
began to be substituted for mill-stones for grinding. The 
largest wheat crop for the State was that of 1901, when 
80,000,000 bushels were raised. The production for the ten 
years, 1898-1907, has averaged about 69,000,000 bushels. 
Another branch of agricultural industry worthy of special 
comment is that of dairying. Minnesota has won for itself 
the name of the " Bread and Butter State." While manu- 
factures have made considerable progress, the State must 
remain chiefly devoted to agriculture, 1 and its problems of 
government must be mainly those of a farming community. 
The difference in the industrial character of the northern and 

1 The United States Census Bureau reported manufactures in the State in 
1905 valued at $308,000,000; but the nature of the chief manufactures only 
emphasizes the agricultural character of the State: 

Flour and grist-mill products $122,000,000 

Cheese^ butter, and condensed milk 12,000,000 

Lumber and timber products 33,000,000 

Lumber planing-mill products 8,000,000 

Slaughtering and meat packing 17,000,000 

Linseed oil 7,000,000 



8 THE GOVERNMENT OF MINNESOTA 

the southern parts of the State has produced certain divergent 
interests, and some conflicts between the two sections have 
naturally shown themselves in matters of legislation, espe- 
cially in questions of taxation. 

The Population: Numbers. — The growth of population 
has been steady and rapid. The following table shows the 
results of the various censuses taken. Those marked * were 
taken by the Territory or the State; the others by the Federal 
government : 

1850 — 6,077 1870 439,706 1890 1,301,826 

*i857.... 150,037 *i875--~ 597,407 *i895.... 1,574,619 

i860.... 172,123 1880.... 780,773 1900.... 1,751,394 

*i865 250,099 *i885 1,117,798 *i905 1,979,912 

Distribution. — The population is very unevenly distributed 
over the State. The first, second, third, fourth, and fifth 
Congressional districts lying in the southern and south-eastern 
part of the State (see the "Manual") occupy a little more 
than a quarter of the area of the State; yet they contained in 
1905 1,110,000 persons, about 56 per cent, of the popula- 
tion. The large counties of Lake, St. Louis, Itasca, Beltrami, 
and Roseau, occupying a larger area than the districts named, 
have but 161,000, notwithstanding the fact that the third city 
of the State, with 65,000 population, is in one of these coun- 
ties. The northern counties are, however, rapidly increasing, 
while several counties in the southern part of the State are 
decreasing, in population. For statistical purposes places of 
8000 and over are regarded as "urban" in character, i. e., 
as having conditions that make the peculiar social, industrial, 
and political problems that belong to cities. In the whole 



THE STATE OF MINNESOTA 9 

United States somewhat more than 33 per cent, of the people 
live in such places. In Minnesota there are ten cities having 
over 8coo, and aggregating over 601,000 people. This 
makes the "urban" population of Minnesota about 30 per 
cent. 

Comparing those living under rural conditions with those 
living in cities and villages we find the proportion in the latter 
places much larger; and these places are growing more 
rapidly than the country districts. In 1895 there were 366 
cities and villages in the State, and in 1905; 610. During the 
ten years the increase in city and village population was 38 
per cent.; that of the rural population only 14.5 per cent. 
There were, in 1905, 59 cities and villages having a popula- 
tion of 2000 or over, and 137 having 1000 or over. Ramsey 
and Hennepin counties have the largest proportion of popu- 
lation living under city and village governments. In 1905 the 
percentage in Ramsey was 97, in Hennepin, 94. In the iron 
regipns the conditions are favorable for drawing the people 
together into close community life. In St. Louis county more 
than 80 per cent, of the population lived in cities and villages 
in 1905, many of which have but recently grown up in the 
mining regions. Duluth has had a rapid growth due to its 
position at the head of lake navigation, which has made it very 
important as a shipping point for grain and iron ore to the east, 
and as a receiving port for coal and other eastern productions 
for distribution in the north-w T est. It is now to become a 
centre for the manufacture of iron and its continued growth 
seems to be assured. 

Nativity. — The census of 1905 showed that of the 1,979,- 
912 people in the State, 1,963,658 were white, 10,920 were 



IO THE GOVERNMENT OF MINNESOTA 

Indians, of whom 10,225 were living on reservations, 51 13 
negroes, 171 Chinese, and 50 Japanese. The foreign-born 
population numbered 537,041. The census designates the 
place of birth of fifteen different nationalities. It shows 
that two-thirds of the foreign-born came from the three 
countries, Sweden (126,283), Germany (119,868), and Nor- 
way (111,611). It will thus be seen that a large percentage of 
the population are of Teutonic origin, and therefore closely 
related to the English element. One of the most interesting 
additions to the population during recent years has been 
made by the Finns, of whom there were, in 1905, 19,847 for- 
eign-born in the State. They are largely found in the iron 
regions, where many are employed at the mines. Many 
are, however, establishing themselves on farms throughout 
the north-eastern part of the State. 

The Nature of the Constitution. — Minnesota is one of 
forty-six States federated together and comprising the United 
States of America. The Federal Government has a Constitu- 
tion and laws to which the people of each State are subject. 
They are also subject to the Constitution and laws of their 
own State. We live, therefore, under a "dual government." 
In the chapters that follow we are to study the way the people 
of Minnesota govern themselves. The starting-point in all 
our study will be the Constitution adopted in 1857, and the 
amendments that have been added to it. The purpose of the 
Constitution is expressed in its Preamble: 

We, the people of the State of Minnesota, grateful to God for our 
civil and religious liberty, and desiring to perpetuate its blessings and 
secure the same to ourselves and our posterity, do ordain and establish 
this Constitution. 



THE STATE OF MINNESOTA 1 1 

In some way, then, the Constitution is expected to secure 
and perpetuate the blessings of liberty. Americans believe 
a great safeguard of liberty is found in a written constitu- 
tion, containing certain fundamental laws binding upon all 
the people. Written constitutions, or their prototypes, writ- 
ten charters, were devised to restrain and direct kings and 
make them responsible to the people. But with the develop- 
ment of democratic government, constitutions are found to 
be just as essential for restraining and directing the chosen 
representatives of the people; indeed, for restraining the hasty 
action of the people themselves. The Constitution contains 
(i) a guarantee of certain personal rights and privileges; (2) 
a framework of the three branches of the government, 
(a) legislative, (b) executive, and (c) judicial, and a defini- 
tion of the powers of each; (3) the qualifications for the 
suffrage; (4) provisions for a system of education; (5) pro- 
visions with respect to the State finances, banks, and corpor- 
ations; (6) permission to form a system of local government; 
and (7) provision for its own amendment. 

Amendment is provided for in Article XIV, as follows: 

Section 1. Whenever a majority of both houses of the Legislature 
shall deem it necessary to alter or amend this Constitution, they may 
propose such alterations or amendments, which proposed amendments 
shall be published with the laws which have been passed at the same 
session, and said amendments shall be submitted to the people for their 
approval or rejection at any general election, and if it shall appear, in a 
manner to be provided by law, that a majority of all the electors voting 
at said election shall have voted for and ratified such alterations or 
amendments, the same shall be valid to all intents and purposes as a 
part of this Constitution. If two or more alterations or amendments 
shall be submitted at the same time, it shall be so regulated that the 
voters shall vote for or against each separately. 



12 THE GOVERNMENT OF MINNESOTA 

Section 2. Whenever two-thirds of the members elected to each 
branch of the Legislature shall think it necessary to call a convention to 
revise this Constitution, they shall recommend to the electors to vote at 
the next general election for members of the Legislature, for or against 
a convention; and if a majority of all the electors voting at said election 
shall have voted for a convention, the Legislature shall, at their next 
session, provide by law for calling the same. The convention shall con- 
sist of as many members as the House of Representatives, who shall be 
chosen in the same manner, and shall meet within three months after 
their election for the purpose aforesaid. 

It will thus be seen that no change can be made in the 
Constitution except as the Legislature submits the question 
of amendment to the voters and they adopt the proposed 
change. Such a submission is an example of the " referen- 
dum." Formerly only a majority of the votes on the amend- 
ment were necessary for ratification. Article XIV was 
amended in 1898 so as to make "a majority of all the 
electors voting at said election'' necessary for adoption. 
No convention for revising the Constitution such as is pro- 
vided for. in Section 2 has ever been called, though need for 
such a convention has frequently been suggested. 

SUGGESTIONS AND QUESTIONS. 

1. For a fuller treatment of the subjects discussed in this chapter 

see the historical sketch in each number of the Legislative 
Manual; Folwell, "Minnesota "; Baker, "The Lives of the 
Governors "; McVey, "Government of Minnesota, Its History 
and Its Administration," Chapters 1 and 2; Young's "Govern- 
ment of the People of the State of Minnesota"; Niles, "His- 
tory and Civil Government of Minnesota," pp. 27-102; and 
the encyclopaedia articles on Minnesota. The "Papers and 
Proceedings of the Minnesota Academy of Social Sciences," 
Vol. II, contains much information about the industries and 
the population of the State. 

2. Report on the process of law-making in the Territory. See the 

" Organic Act," Section 20, in the Legislative Manual. 



THE STATE OF MINNESOTA 13 

3. Who paid the expenses of the territorial government? See the 

" Organic Act," Section n. 

4. Why should the people of a Territory be eager to gain admission 

as a State? 

5. Report on the propositions submitted in the Enabling Act to the 

convention, and what was done with them. See the Consti- 
tution, Article II, Section 3. 

6. Why would it not be well for the Legislature to frame, adopt, 

and amend the Constitution without submitting it to the 
people? 

7. Who had the power to fix qualifications for voting in the Terri- 

tory, and what limitations were placed on that power? " Or- 
ganic Act," Section 5. 

8. Note the reservation in the Territory of certain lands for school 

purposes (" Organic Act," Section 18), and the gift of these 
to the State by the " Enabling Act," Section 5. 

9. What is the population of Minneapolis and of St. Paul? How 

is the growth of these cities accounted for? 

10. Examine the election returns in the Legislative Manual before 

1899, an( * see if you can determine the reason for the amend- 
ment to Article XIV in 1898. 

11. The vote on a certain amendment submitted in 1906 was as fol- 

lows: "Yes," 141,870, "No," 49,232. The total number of 
ballots cast at the election was 284,366 by males and 19,665 
by females. Was the amendment ratified? Suppose 145,000 
had voted " yes," would it have been ratified? 



CHAPTER II. 

THE BILL OF RIGHTS. 

Nature of the Bill of Rights. — The Constitution of Min- 
nesota like those of the other States and of the Federal gov- 
ernment, has a number of provisions for safeguarding those 
rights of persons and property most liable to abuse. These 
are contained in Article I, which is known as the "Bill of 
Rights." It must be remembered that the Federal Bill of 
Rights (the first ten amendments to the Constitution) was 
"not designed as limits upon the State governments in ref- 
erence to their citizens, but exclusively as restrictions upon 
Federal power"; hence the need of these safeguards against 
abuse of the rights of persons by the State authorities. 

The Object of Government. — The purpose of govern- 
ment, the right to change it, and the source of political power, 
as stated in the introductory section, should be compared 
with the statements of the Declaration of Independence on 
the subject. These are fundamental principles of American 
government. 

Article I, Section i. Government is instituted for the security, bene- 
fit and protection of the people, in whom all political power is inherent, 
together with the right to alter, modify or reform such government, 
whenever the public good may require it. 

Rights and Privileges; Slavery. — Not all the inhabi- 
tants, not all the citizens of the State, have the same rights and 

14 



THE BILL OF RIGHTS 15 

privileges; but such rights and privileges as are secured to 
one are the right of another unless deprived of them by the 
"law of the land." The purpose is to prevent the withholding 
of rights and privileges by any arbitrary authority. Slavery 
was, by the Ordinance of 1787, already forbidden in that part 
of the State lying east of the Mississippi. But there is every 
reason for thinking that the people who framed and adopted 
the Constitution would in any case have prohibited slavery. 

Article I, Section 2. No member of this State shall be disfranchised, 
or deprived of any of the rights or privileges secured to any citizen 
thereof, unless by the law of the land, or the judgment of his peers. 
There shall be neither slavery nor involuntary servitude in the State 
otherwise than in the punishment of crime, whereof the party shall have 
been duly convicted. 

Freedom of Speech. — No doubt injury is frequently done 
by allowing people to speak and publish freely; but a far 
greater danger lies in suppressing discussion, and placing the 
press under a " censorship." Russia is one of the few coun- 
tries in the western world that now have press " censors." It is 
the business of the censors to inspect and approve books and 
periodicals before their publication. Such a policy may be 
necessary in an arbitrary government; but in a popular gov- 
ernment freedom of discussion is as essential as suppression 
is in a despotism. Hence the Constitution guarantees (Sec- 
tion 3) that "the liberty of the press shall forever remain in- 
violate, and all persons may freely speak, write and publish 
their sentiments on all subjects, being responsible for the 
abuse of such right." 

This does not give one the right to say or print what he 
likes, but only that he may act at his risk. The Legislature 



1 6 THE GOVERNMENT OF MINNESOTA 

has made severe laws against libel, the malicious publication 
in any way, " otherwise than by mere speech/' of anything 
that will bring the person spoken against into contempt, tend 
to cause him to be shunned, or tend to injure him in his 
business; and against slander, also, which is a malicious 
speaking in the presence of others to the injury of a person. 

Trial by Jury. — The right of trial by jury is one of our 
great heritages from the English law; it goes back as far as 
the " Great Charter." In 1215 King John declared: "Nor 
will we pass upon any man, unless by the legal judgment of 
his peers, or by the law of the land." The jury system is 
by no means a perfect way of determining what is just as 
between man and man, or of ascertaining the guilt or inno- 
cence of an accused person; but in spite of certain weak- 
nesses of the system, it is likely to be retained. The verdict 
of the jury must be unanimous. The authority given by the 
last clause of Section 4, adopted in 1890, has never been acted 
upon by the Legislature. 

Article I, Section 4. The right of trial by jury shall remain inviolate, 
and shall extend to all cases at law without regard to the amount in con- 
troversy, but a jury trial may be waived by the parties in all cases in the 
manner prescribed by law; and the Legislature may provide that the 
agreement of five -sixths of any jury in any civil action or proceeding, 
after not less than six hours' deliberation, shall be a sufficient verdict 
therein. 

Rights of Accused Persons. — Persons accused of crime 

are protected by many safeguards handed down to us by the 

English law. 

Article I, Section 5. Excessive bail shall not be required, nor shall 
excessive fines be imposed; nor shall cruel or unusual punishments be 
inflicted. 



THE BILL OF RIGHTS 17 

Section 6. In all criminal prosecutions the accused shall enjoy the 
right to a speedy and* public trial, by an impartial jury of the county 
or district wherein the crime shall have been committed, which county 
or district shall have been previously ascertained by law, and to be 
informed of the nature and cause of the accusation, to be confronted 
with the witnesses against him, to have compulsory process for obtain- 
ing witnesses in his favor, and to have the assistance of counsel in his 
defence. 

Section 7. No person shall be held to answer for a criminal offence 
without due process of law, and no person for the same offence shall be 
put twice in jeopardy of punishment, nor shall be compelled in any crim- 
inal case to be a witness against himself, nor be deprived of life, liberty 
or property without due process of law. All persons shall before con- 
viction be bailable by sufficient sureties, except for capital offences when 
the proof is evident or the presumption great; and the privilege of the 
writ of habeas corpus shall not be suspended unless when in case of re- 
bellion or invasion the public safety may require. 

Readers of English history will recall many instances of 
arbitrary arrest. Men were thrown into prison without 
knowing the charge against them, refused bail, denied wit- 
nesses and counsel when brought to trial. Since the long 
struggle with the Stuart despotism which ended with the 
Revolution of 1688, English-speaking peoples have known 
how to protect themselves against such abuses. The writ of 
habeas corpus is one of the most important means of protec- 
tion. It is an order issued by a court directing a person who 
has another in his keeping to appear before the court and 
show reason for restraining the person held. It may, e. g., 
be directed to the superintendent of an insane asylum order- 
ing him to bring into court a person who contends that he is 
unlawfully held; it may be directed to one parent of a child, 
on the application of the other parent, ordering him to have 
the child in court at a given time to have it judicially deter- 



18 THE GOVERNMENT OF MINNESOTA 

mined who shall have legal control of the child; but it is 
usually employed as a means of bringing an accused person 
into court to ascertain whether he is lawfully held. 

Treason Against the State. — "Treason " is a crime against a sover- 
eignty. There has been much controversy as to whether such a crime 
can be committed against a State. But the provision in the Federal Con- 
stitution (Article IV, Section 2) concerning the rendition of persons 
"charged in any State with treason, felony, or other crime," clearly rec- 
ognizes the sovereignty of the States in this respect; and the weight of 
authority is with those who hold that treason may be committed against 
a State and that the State may provide punishment for it. At the out- 
break of the Civil War many Southern men found themselves, as they 
thought, in a position where they must commit treason against either 
their State or the United States, and chose to maintain allegiance to their 
State. The Constitution of Minnesota thus defines treason: 

Section 9. Treason against the State shall consist only in levying war 
against the same, or in adhering to its enemies, giving them aid and com- 
fort. No person shall be convicted of treason unless on the testimony of 
two witnesses to the same overt act, or on confession in open court. 

Other Safeguards. — The Bill of Rights further provides 
that every person is entitled to a remedy for injuries received 
in his person, property, or character, and that "he ought to 
obtain justice freely and without purchase; completely and 
without denial; promptly and without delay, conformable to 
the laws." It guards the people against unreasonable 
searches and seizures; and, as though the dispute in Revolu- 
tionary times over the use of "writs of assistance" were in the 
minds of the framers of the Constitution, they provided that 
no search "warrant shall issue but upon probable cause, 
supported by oath or affirmation, and particularly describing 
the place to be searched, and the persons or things to be 
seized." The old practice of imprisonment for debt is pro- 



THE BILL OF RIGHTS 19 

hibited. While permitting private property to be taken for 
public purposes, it cannot "be taken, destroyed or damaged 
for public use without just compensation therefor." * Section 
14 provides that "the military shall be subordinate to the 
civil power, and no standing army shall be kept up in this 
State in time of peace." 

The principle of separation of church and State is estab- 
lished in Sections 16 and 17. Very explicitly it is declared 
that "the right of every man to worship God according to 
the dictates of his own conscience shall never be infringed"; 
nor shall any man be compelled to attend or support any 
church against his consent; "no preference shall be given by 
law to any religious establishment or mode of worship"; and 
"no religious test or amount of property shall ever be required 
as a qualification for any office of public trust under the 
State," or for voting at any election; nor may any one be 
debarred from giving evidence in the courts "in consequence 
of his opinion upon the subject of religion." 

It is not to be supposed that the rights here spoken of are 
granted by the Constitution; they are rather recognized as 
pre-existing and are only guaranteed by it. The whole struct- 
ure of our government rests on the theory that all political 
power comes from the people (see the Preamble and Section 
1 above), and that these rights, and many not mentioned, 

1 The power of the government to take property for public uses is called 
the " Right of Eminent Domain." The Legislature also has the right to 
grant this important power to public service corporations, like railroad, 
canal, telegraph, and telephone companies. It is a power properly belong- 
ing to a government in order that one person may not stand in the way of a 
public good, but it is necessary to have some such provision as that in the 
Bill of Rights to prevent abuse of the power. — See Fiske, " Civil Govern- 
ment," p. 4; and for the procedure in condemning property for public uses, 
in this State, see the Revised Laws of 1905, Chapter 41. 



20 THE GOVERNMENT OF MINNESOTA 

naturally belong to the people. Lest it might be argued to 
the contrary the Bill of Rights provides (Section 16) that 
"the enumeration of rights in this Constitution shall not be 
construed to deny or impair others retained by and inherent 
in the people." 

SUGGESTIONS AND QUESTIONS. 

i. Read the Bill of Rights in the State Constitution and compare it 
with the Federal Bill of Rights. Both documents are found in 
the Manual. 

2. Secure a search warrant blank and note carefully its provisions. 

Study a habeas corpus blank in the same way. 

3. Give an account of any examples you may be acquainted with, of 

the use of the power of " Eminent Domain." Was a fair price 
given? 

4. Inquire about the working of the jury system of trial. Just what 

are the objections to it? 



CHAPTER III. 

THE LEGISLATURE: ITS STRUCTURE. 

Scope of State Authority. — When our "dual govern- 
ment" was formed, 1787-1788, one of the most important 
problems was the way in which authority should be divided 
between the States and the Federal government. In theory 
all the powers of government belonged to the States which 
formed the Union. Some of these were vested by the Con- 
stitution then adopted in the Federal government (see Article 
I, Section 8, for a partial list of them) ; some were denied to 
the Federal government (Article I, Section 9); and others 
were denied to the States (Article I, Section 10). There was 
still some question as to which government could exercise those 
powers not formally located; but this was finally settled by the 
Tenth Amendment, ratified in 1791, as follows: "The powers 
not delegated to the United States by the Constitution, nor 
prohibited by it to the States, are reserved to the States, re- 
spectively, or to the people." Hence it is said the Federal 
government is one of "delegated" powers; while the States 
have all the powers of government not granted to the cen- 
tral government by the Federal Constitution nor denied by 
it to the States. 

As has often been pointed out the scope and the importance of State 
government are usually underestimated. Just because the powers of the 
Federal government are enumerated, as Woodrow Wilson has said, they 



22 THE GOVERNMENT OF MINNESOTA 

seem imposing, while the State's powers seem vague and unimportant. 
Yet the powers retained by the State are vast and vital. "All the civil 
and religious rights of our citizens depend upon State legislation; the edu- 
cation of the people is in the care of the States; with them rests the reg- 
ulation of the suffrage; they prescribe the rules of marriage, and the 
legal relations of husband and wife, parent and child." They control 
vast business relations, that of partnership, debt and credit, and insur- 
ance; they make the laws relating to the ownership, use, transfer, and 
inheritance of property; they regulate the trades and make the law of 
contracts; and "they formulate and administer all criminal law, except 
only that which concerns crimes committed against the United States, 
on the high seas, or against the law of nations." * 

The Three Departments. — One of the characteristics of 
American government is the division of authority among 
three distinct departments — the law-making, the law-en- 
forcing, and the law-interpreting. This division is made in 
Article III of the Constitution of Minnesota. 

Section i. The powers of government shall be divided into three 
distinct departments — legislative, executive, and judicial; and no person 
or persons belonging to or constituting one of these departments shall 
exercise any of the powers properly belonging to either of the others, 
except in the instances expressly provided in this Constitution. 

The Legislative Department. — The law-making power 
of the State is vested in the Legislature. Some of this power 
it has voluntarily surrendered to the various local govern- 
ments, the towns, counties, cities, and villages which it has 
created; but this power it may withdraw when it sees fit. 
The Legislature is, however, limited in three ways: (i) by 
provisions in the Federal Constitution which give exclusive 
authority to Congress over certain subjects, as, e. g., over 
interstate and foreign commerce; (2) by the denial of certain 

1 Woodrow Wilson, "The State," pp. 471-473. 



THE LEGISLATURE: ITS STRUCTURE 23 

powers to the States, as the power to issue paper money; 
and (3) by certain restrictions laid down by the people in the 
State constitution. Several of these restrictions have already 
been pointed out in the chapter on the Bill of Rights, and 
others will be pointed out later. Here we are brought face to 
face with another principle of American government — the 
subjection of the law-making power to a written constitution. 
If the Legislature passes an act contrary to the " fundamental 
law," the courts will declare it unconstitutional, null, and 
void. 

Legislative Sessions.— The legislatures of six States in 
the Union have annual sessions, and one, that of Alabama, 
meets but once in four years; all the rest, including that of 
Minnesota, meet biennially. 

Article IV, Section 1. The Legislature shall consist of the Senate and 
the House of Representatives, which shall meet biennially at the seat of 
government of the State, at such time as shall be prescribed by law, but 
no session shall exceed the term of ninety Legislative days. . . . 

The time fixed by law for the meeting of the Legislature is 
noon of the first Tuesday after the first Monday in January 
of odd numbered years. 1 Most of the States limit the length 

1 The seat of government for the Territory was St. Paul, and the Consti- 
tution (Article XV) continued that place as the capital, though it permitted 
the Legislature to submit the question of a change to the people. Such a 
referendum vote has not been taken. The present Capitol building was pro- 
vided for by a law of 1893, the corner-stone laid in 1898, and was first occupied 
in December, 1904. Its cost was about four and a half million dollars. It 
should be a matter of pride to all citizens that we have a building so imposing 
in architecture and artistic in decoration as the ofikial home of government. 
In view of the fact that in the erection of such buildings, waste and dis- 
honesty have been frequent in other States, it should also be a matter of 
pride that the work was done promptly, economically, and without a breath 
of scandal. 



24 THE GOVERNMENT OF MINNESOTA 

of sessions, because it is believed that by promptness and 
energy all needed legislation can be enacted in the time fixed. 
Some States limit the sessions to sixty days and some to forty 
days. Unusual demands for legislation can be met by " extra 
sessions " ; for the Governor " may, on extraordinary occasions 
convene both houses of the Legislature. " This power has 
been used in but three instances in the history of the State: 
(i) In 1862 to provide protection against the Indian outbreak 
of that year; (2) In 1881 to take action concerning certain 
railroad bonds issued by the State; and (3) In 1902 to revise 
the tax laws. 

Numbers; Apportionment. — The Constitution seeks to 
secure equal representation for all parts of the State. The 
Legislature is left free to fix the number of members in each 
house subject to a single limitation no longer of value: 

Article IV, Section 2. The number of members who compose the 
Senate and House of Representatives shall be prescribed by law, but the 
Representatives in the Senate shall never exceed one member for every 
5000 inhabitants, and in the House of Representatives one member for 
every 2000 inhabitants. The representation in both houses shall be 
apportioned equally throughout the different sections of the State, in 
proportion to the population thereof, exclusive of Indians not taxable 
under the provisions of law. 

Section 23. The Legislature shall provide by law for an enumeration 
of the inhabitants of this State in the year one thousand eight hundred 
and sixty-five, and every tenth year thereafter. At their first session after 
each enumeration so made, and also at their first session after each enu- 
meration made by the authority of the United States, the Legislature 
shall have the power to prescribe the bounds of congressional, senatorial 
and representative districts, and to apportion anew the senators and 
representatives among the several districts according to the provisions 
of section second of this article. 



THE LEGISLATURE: ITS STRUCTURE 25 

Section 24. The senators shall also be chosen by single districts of 
convenient contiguous territory, at the same time that members of the 
House of Representatives are required to be chosen, and in the same 
manner; and no representative district shall be divided in the formation 
of a senate district. The senate districts shall be numbered in a regular 
series. . . . Representatives . . . shall hold their office for a term of 
two years, except it be to nil a vacancy; and senators . . . shall be 
chosen for four years. . . . 

The process of dividing the State into districts and assigning 
to each the number of members it may choose, is called an 
apportionment. The first apportionment was made by the 
Constitution and gave seats to 37 senators and 80 repre- 
sentatives. The first apportionment made by the Legislature 
was that of i860, which fixed the number of senators at 21, 
and the number of representatives at 42. Since then five 
apportionments have been made, that of 1897 giving the 
Senate 63 and the House 119. This makes the houses a good 
size for effective work. 

It will be noticed that districts must be of " convenient 
contiguous territory. " This is a safeguard against "gerry- 
mandering" the State in the interest of the party in power. 
Members are elected on the first Tuesday after the first 
Monday in November in even-numbered years; so that they 
are chosen some two months before taking their seats. 

Qualifications. — The qualifications of members are fixed by 
Article IV, Section 25, Senators and representatives shall be quali- 
fied voters of the State, and shall have resided one year in the State and 
six months immediately preceding the election in the district from which 
they are elected. 

Section 3. Each House shall be the judge of the election returns and 
eligibility of its own members; a majority of each shall constitute a 
quorum to transact business, but a smaller number may adjourn from 



26 THE GOVERNMENT OF MINNESOTA 

day to day, and compel the attendance of absent members in such man- 
ner and under such penalties as it may provide. 

Section 17. The Governor shall issue writs of election to fill such 
vacancies as may occur in either house of the Legislature. The Legis- 
lature shall prescribe by law the manner in which evidence in cases of 
contested seats in either house shall be taken. 

Residence Qualifications. — It is sometimes questioned whether it is 
wise to require a member to be a resident of the district from which he 
is chosen. The two main objections to the plan are: (1) That it limits 
the field of choice. There may be several excellent men in one district 
but only one can be chosen; while an adjoining district may have no 
one of ability who cares for an election, yet must choose such as it has. 
(2) It encourages a spirit of ' localism." Men tend to look upon them- 
selves as " representatives of a district" rather than as representatives of 
the people of the State chosen from a district. A representative wishing 
to continue in public life frequently feels compelled to act contrary to the 
interests of the whole State and his own best judgment because his "dis- 
trict" wants something; and his political life frequently depends upon 
getting it by fair means or foul, since he cannot be elected from another 
district. If districts were made larger, only men who are well known 
over the larger area would be likely to be elected. On the other hand, 
voters would not be likely to know the candidates so well in the larger as 
in the smaller districts. 

"Nobody dreams of offering himself as a candidate for a place in 
which he does not reside, even in new States, where it might be thought 
that there had not been time for local feeling to spring up. Hence the 
educated and leisured residents of the greater cities have no chance of 
entering the State Legislature except for the city district wherein they 
dwell; and as these city districts are those most likely to be in the hands 
of some noxious and selfish ring of professional politicians, the prospect 
for such an aspirant is a dark one. Nothing more contributes to make 
reform difficult than the inveterate habit of choosing residents only as 
members. Suppose an able and public-spirited man desiring to enter the 
Assembly or the Senate of his State and shame the offenders who are 
degrading or plundering it. He may be wholly unable to find a seat, 
because in his place of residence the party opposed to his own may hold 
a permanent majority and he will not be even considered elsewhere. 
Suppose a group of earnest men who, knowing how little one man can 



THE LEGISLATURE: ITS STRUCTURE 27 

effect, desire to enter the Legislature at the same time and work together. 
Such a group can hardly arise except in or near a great city. It cannot 
effect an entrance, because the city has at best very few seats to be seized, 
and the city men cannot offer themselves in any other part of the State. 
That the restriction often rests on custom, not on law, makes the case 
more serious. A law can be repealed, but custom has to be unlearned; 
the one may be done in a moment of happy impulse, the other needs the 
teaching of long experience applied to receptive minds." ' 

Contested Elections. — The power to judge of the "eligi- 
bility" of members carries with it only the right to determine 
whether the qualifications fixed by the Constitution are ful- 
filled, and whether the election has been carried on in due 
form and without fraud. As in Congress so in the Legislature, 
contested elections are usually decided by a party vote; and 
so flagrant has been the abuse of the majority in such cases 
that it is thought by many that such contests should be set- 
tled by the courts. 

Non-Eligibility of Members; Compensation. — Some 
restrictions are placed upon the holding of certain offices by 
members of the Legislature. 

Article IV, Section 9. No senator or representative shall during the 
time for which he is elected, hold any office under the authority of the 
United States or the State of Minnesota, except that of postmaster, and 
no senator or representative shall hold an office under the State which 
has been created or the emoluments of which have been increased during 
the session of the Legislature of which he was a member, until one 
year after the expiration of his term of office in the Legislature. 

Section 7. The compensation of senators and representatives shall 
be three dollars per diem during the first session, but may afterwards be 

1 Bryce, "American Common wealth," abridged edition, pp. 332-333. See 
also Hosmer, " Life of Thomas Hutchinson," pp. 109-110, for an American 
view. 



28 THE GOVERNMENT OF MINNESOTA 

prescribed by law. But no increase of compensation shall be prescribed 
which shall take effect during the period for which the members of the 
existing House of Representatives may have been elected. 

By the law of 1873 the pay of members was fixed at five 
dollars per day. The President of the Senate and the Speaker 
of the House received ten dollars per day each. Each mem- 
ber received mileage at the rate of fifteen cents per mile for 
"the distance necessarily travelled in going to and returning 
from the place of meeting, computed from his place of resi- 
dence." Salaries were usually drawn for from one hundred 
to one hundred and five days. Such compensation was 
hardly sufficient to pay the necessary personal expenses of 
members while in attendance. By an act of 1907 the com- 
pensation of members was fixed at five hundred dollars per 
annum for the time for which they are elected, regardless of 
the number of sessions that may be held. The President of 
the Senate and the Speaker of the House receive five dollars 
a day during any session in addition to the salary of members. 
In 1909 the whole salary of representatives was made pay- 
able during the regular session, which occurs in the first year 
of their term; and that of Senators was made payable, half 
during the first, and half during the second, session of their 
.term. 

Privileges of Members. — In order that members may be 
unhampered in the performance of their duties, it is provided 
in Section 8 that "the members of each House shall in all 
cases, except treason, felony, and breach of the peace, be 
privileged from arrest during the session of their respective 
houses, and in going to or returning from the same. For any 
speech or debate in either house they shall not be questioned 



THE LEGISLATURE: ITS STRUCTURE 29 

in any other place." By being " questioned in any other 
place" is meant that a member cannot be made to answer in 
a court, e. g., on a charge of slander or libel for what he says 
in debate, however damaging or malicious his language may 
be. This privilege is no doubt often abused, but it is neces- 
sary as a means of securing frank criticism of public officers. 
Of course members may be punished by the House for breach 
of decorum, and may be made to desist from speaking when 
employing " unparliamentary language." 

Oath of Office. — Article IV, Section 29. All members and officers of 
both branches of the Legislature shall, before entering upon the duties 
of their respective trusts, take and subscribe an oath or affirmation to 
support the Constitution of the United States, the Constitution of the 
State of Minnesota, and faithfully and impartially to discharge the 
duties devolving upon him [them?] as such member [s] or officer [s]. 

Rules. — Every deliberative body must have rules for its government. 
Section 4 provides that, "each house may determine the rules of its pro- 
ceedings, sit upon its own adjournment, punish its members for disor- 
derly behavior, and with the concurrence of two-thirds, expel a member; 
but no member shall be expelled the second time for the same offence. " 

Section 18. Each house may punish by imprisonment, during its 
session, any person, not a member, who shall be guilty of any disorderly 
or contemptuous behavior in their presence, but no such imprisonment 
shall at any time exceed twenty-four hours. 

In the "Legislative Manual" are printed the permanent rules of each 
house for the session. They deal with the duties of the officers, the 
manner of introducing, referring, debating, and passing bills, the con- 
duct of members and spectators, the order of business, and other matters. 

Officers; Publicity. — Section 5. The House of Representatives shall 
elect its presiding officer and the Senate and House of Representatives 
shall elect such other officers as may be provided by law; they shall 
keep journals of their proceedings, and from time to time publish the 
same, and the yeas and nays, when taken on any question, shall be en- 
tered on such journals. 



30 THE GOVERNMENT OF MINNESOTA 

Section 19. Each house shall be open to the public during the ses- 
sions thereof, except in such cases as in their opinion may require 
secrecy. 

The Officers provided by law in the Senate are "a secretary, 
a first and a second assistant secretary, an enrolling clerk, an 
engrossing clerk, a sergeant-at-arms, an assistant sergeant- 
at-arms, and a chaplain." The House officers are a Speaker, 
as provided in the Constitution, who shall be a member of 
the House, "a chief clerk, a first and a second assistant clerk, 
an enrolling clerk, an engrossing clerk, a sergeant-at-arms, an 
assistant sergeant-at-arms, a postmaster, an assistant post- 
master, and a chaplain." Besides these there are certain em- 
ployees for each house, as door-keepers, pages, and the like. 
Section 30 of Article IV requires that "in all elections to be 
made by the Legislature, the members thereof shall vote viva 
voce, and their votes shall be entered on the journal." Em- 
ployees of the House are appointed by the Speaker and their 
wages fixed by the House rules. The presiding officer of the 
Senate is the Lieutenant-Governor, who is not a "member." 

The Journal of each house is printed day by day and a copy 
placed each morning on the desks of the several members. 
At the end of the session the journal for the term is published. 
The Constitution does not determine the conditions under 
which the "yeas and nays" shall be taken, except that they 
must be taken on a vote to pass a measure over the Govern- 
or's veto. The House rules require a yea and nay vote upon 
"the final passage of bills, joint resolutions, and motions di- 
recting the payment of money"; and ten members may de- 
mand it in voting on any matter. In the Senate one member 
may demand such a vote. The requirement for open ses- 



THE LEGISLATURE: ITS STRUCTURE 31 

sions, the keeping of a journal, and entering of the votes of 
members upon it are means of giving publicity to the proceed- 
ings of the Legislature. Unfortunately no provision is made 
for preserving the debates in the Legislature. 

SUGGESTIONS AND QUESTIONS. 

1. Study the map in the Legislative Manual, which shows the legis- 

lative districts of the State, to see whether there is any appear- 
ance of a " gerrymander." 

2. Compare the length of our legislative session with that of other 

States; compare the size of the Legislature with that of Con- 
gress and other legislative bodies ; the salaries paid, with those 
paid in other States. See the World Almanac. 

3. What are the arguments pro and con in the matter of paying 

high salaries, low salaries, no salaries, to members of the Legis- 
lature? 

4. What advantages as a legislator does a senator have over a 

representative? 

5. A legislative body of one house is said to be " unicameral " ; 

one of two houses " bicameral." All the State Legislatures 
are bicameral. Are there any real advantages in such a plan? 
Do reasons for two houses in the Legislature hold good for 
two houses in a city council? In a village council? 

6. Point out all the differences you can between the upper and the 

lower house of the Legislature. 

7. What three important principles or characteristics of American 

government are spoken of in the early part of this chapter? 
Look for others as you proceed with your study. 

8. Are the qualifications for a voter and those for a member of the 

Legislature the same? See p. 25. 

9. Give the boundaries of your senatorial district, the name of the 

senator who represents it, and the name or names of the 

representatives from the district, 
io. Read carefully the apportionment clause of the Constitution 

(Article IV, Section 2). Is there any significance in the word 

11 both " as used there? Would the meaning be different if 

" each " were used instead of " both " ? 
11. Look up in the Manual the population and the representation of 

various districts to see if the members are " apportioned 

equally throughout the different sections of the State/ ■ 



CHAPTER IV. 

THE LEGISLATURE: THE MAKING OF LAWS. 

The Committee System. — As in Congress, so in the Legis- 
lature, the committee system plays an important part in the 
process of law-making. Upon the organization of each Legis- 
lature, each house is divided up into a number of " standing 
committees,' ' varying in size from five to twenty or more 
members. Each house has more than fifty such committees, 
called by names indicating the character of the matters with 
which they deal, — as the Committee on Railroads, the Com- 
mittee on Banks, the Committee on Education, the Com- 
mittee on Public Health, the Committee on Finance, the 
Committee on Judiciary, and so on. The Speaker appoints 
the House committees, arranging the members in such a way 
that usually the chairman and always a majority of the 
members of each important committee shall be of his political 
party. The Senate committees are appointed by the President 
of the Senate, notwithstanding the fact that he is not a mem- 
ber of that body. The power of these committees over legis- 
lation is very great. Every bill at its first reading, unless re- 
jected, is referred to its appropriate committee, and here the 
form in which it is to come before the house is determined. 

How Laws are Made. — With the organization of the 
houses in mind, we are now ready to study the various steps 
in the process of making laws. 

32 



THE LEGISLATURE: THE MAKING OF LAWS $2> 

i. The Introduction of Bills. — Bills are introduced in either 
house at such time each day as is fixed by the " order of busi- 
ness." They may be introduced by a member, by two or 
more members jointly, or by a committee. Three copies of 
the bill must be furnished, one, the original bill, to be used 
by the committee to which the bill is to be referred, one to 
be retained by the Clerk of the House or the Secretary of the 
Senate as the case may be, and the other by the presiding 
officer. Immediately after the introduction of the bill it is 
delivered by the presiding officer to the clerk or the secretary, 
and by him read. The rules require that it shall at this " first 
reading" be read "at length," and the same requirement is 
made for the "third reading" just before the bill is put upon 
its final passage. The bill, having had its "first reading," is 
referred by the presiding officer to the proper committee. 
As to the reading of bills, the Constitution itself provides: 

Article IV, Section 20. Every bill shall be read on three different 
days in each separate house, unless, in case of urgency, two-thirds of 
the house where such bill is depending shall deem it expedient to dis- 
pense with this rule; and no bill shall be passed by either house until it 
shall have been previously read twice at length. 

The two houses have the same power over legislation with a single 
exception made in Section 10: "All bills for raising a revenue shall orig- 
inate in the House of Representatives, but the Senate may propose and 
concur with amendments as on other bills.' ' This provision in the Fed- 
eral Constitution has both a historical and a practical meaning; but 
with our senators and representatives chosen by the same constituency, 
though for different terms, there seems little reason for such distinction 
in the two houses of the Legislature. The Senate may amend revenue 
bills as freely as any others. 

2. The Work of the Committees. — Each group composing a 
committee, usually made up with reference to the fitness and 



34 THE GOVERNMENT OF MINNESOTA 

interests of the members, with only one class of legislation to 
take its particular attention, is in a position to study the bills 
coming to it and to give something like expert advice to the 
house on the subjects to which they relate. Each committee 
meets as often as its business requires. It may give public 
hearings at which those interested in the bills under consid- 
eration may appear and give reasons for or against their pro- 
visions. It may call on public officials or others for needed 
information. It may compel the attendance of witnesses 
when given that power by the house of which it is a part. 

Having studied the bills before it, the committee may re- 
port a bill back to the house, unchanged, with the recom- 
mendation either "that it do pass," or "that it be indefinitely 
postponed"; or the committee may amend a bill and report 
it back, or it may frame a substitute bill incorporating pro- 
visions of other bills on the same subject. The bill as agreed 
upon is then "reported back" to the house, and if favorably 
reported receives its "second reading," always "by title." 
The bill is then ordered to be printed. 1 

1 A Printed BUI : 

STATE OF MINNESOTA. 



Thirty-fifth ) TT „ XT 

Session \ H ' R Na ^ 



Introduced by Mr. White, F. T. 

February 7, 1907. 

Referred to Committee on Crimes and Punishment. 

Reported back February 18, 1907. 

A Bill 

For an Act to Restore Full Rights and Citizenship to All Persons Who 
Have Been or May Be Convicted of a Felony and Sentenced to Jail 



THE LEGISLATURE: THE MAKING OF LAWS 35 

3. The Committee of the Whole. — The bill is next consid- 
ered in " Committee of the Whole House." The house resolves 
itself into a committee of the whole for the purpose of dis- 
cussing the matters that come before it. The presiding officer 
calls a member to the chair and this chairman reports to the 
house what has been done in committee, when it " rises." 
The rules of debate and procedure in committee of the whole 
give greater freedom of discussion than is given while the 
house is sitting, and it is in the committee that most of the 
debate on bills takes place and amendments are agreed upon. 

or to Pay a Fine, and Who Have Served or Shall Serve Such Sen- 
tence, or Who Have Paid or Shall Pay Such Fine. 

Be it enacted by the Legislature of the State of Minnesota. 

Section i. All persons residing or having their domicile in the 

2 State of Minnesota, who have heretofore been convicted of a felony and 

3 sentenced by a court of this state to pay a fine for such offence or to 

4 be confined in a county jail for such offence, and who have paid and 

5 satisfied such fine or served such sentence shall be restored to all their 

6 civil rights and to full citizenship with full right to vote and hold office, 

7 the same as if such conviction and sentence had not taken place, in the 

8 manner, hereinafter provided. Before such restoration to civil rights 

9 shall take effect such person or persons shall at the end of one year 

10 from the date of the judgment thereof or at any time thereafter first 

1 1 apply to the district court where such person or persons may reside and 

12 produce before such judge three witnesses to testify to his or her good 

13 character during the time since such conviction, and if said judge shall 

14 be satisfied of such good character he shall issue an order restoring 

15 such party to all civil rights, which order shall be filed with the clerk 

16 of said court ; thereupon said restoration to civil rights shall take effect 

17 and be in full force. 

Sec. 2. All persons who shall hereafter be convicted of a felony in 

2 any court of this state and sentenced to jail or to pay a fine therefor 

3 and who shall serve such sentence or pay such fine, upon complying 

4 with the provisions of section 1 of this act, shall have all their civil 

5 rights restored as therein provided. 

[This bill passed both houses, and was approved March 12, as Chapter 
34 of the laws of 1907. It is the law referred to on page 123.] 



36 THE GOVERNMENT OF MINNESOTA 

4. The Passage of the Bill is the next great step in the mak- 
ing of a law. If amendments have been made in committee 
of the whole, they are incorporated in the bill, under the 
direction of the " Committee on Engrossment/' before final 
action is taken. In due course the bill comes up for its " third 
reading" and final passage. At this stage there may be fur- 
ther discussion, but it is usually very limited. Amendments 
may also be agreed to, but only by " unanimous consent." 
The vote is taken by "ayes and noes." The Constitution 
prescribes that "no law shall be passed unless voted for by a 
majority of all members elected to each branch of the Legis- 
lature, and the vote entered upon the journal of each house." 
This clause is valuable because (1) it provides a safeguard 
against the making of laws by minorities, and (2) it gives 
publicity to the way members vote. When the bill has passed 
one house it is signed by the presiding officer and certified by 
the recording officer and sent to the other house, where it 
passes through the same stages as though it originated there. 

Most of the details of legislative methods are left to the 
Legislature, but the Constitution commands on some points. 
Thus Section 21 provides that: 

"Every bill having passed both houses shall be carefully enrolled, 
and shall be signed by the presiding officer of each house. Any presid- 
ing officer refusing to sign a bill which shall have previously passed both 
houses shall thereafter be incapable of holding a seat in either branch of 
the Legislature, or hold any other office of honor or profit in the State, 
and in case of such refusal, each house shall, by rule, provide the manner 
in which such bill shall be properly certified for presentation to the 
Governor." 

The "Committee on Enrollment" in each house is charged 
with the duty of enrolling the acts originating in their re- 



THE LEGISLATURE: THE MAKING OF LAWS 37 

spective houses. A clerk copies the act on large sheets of 
about ledger size, leaving spaces for the signatures of the 
presiding officer of each house, the recording officer, the 
Governor, and the Secretary of State. Formerly this was 
done in long hand, but since 1909 the rules require it to be 
done in typewriting. These "acts" when signed become the 
official copy of the "laws." The acts of each session are 
bound in a volume and carefully preserved by the Secretary 
of State. 

5. The Signing of the Act by the Governor is usually the 
final step in the making of a law. The Governor's powers 
and duties in relation to making laws are described in Article 
IV of the Constitution. 

Article IV, Section 11. Every bill which shall have passed the Senate 
and House of Representatives, in conformity to the rules of each house 
and the joint rules of the two houses, shall, before it becomes a law, be 
presented to the Governor of the State. If he approve, he shall sign and 
deposit it in the office of Secretary of State for preservation, and notify 
the house where it originated of the fact. But if not, he shall return it, 
with his objections, to the house in which it shall have originated; when 
such objections shall be entered at large on the journal of the same, and 
the house shall proceed to reconsider the bill. If, after such reconsider- 
ation, two-thirds of that house shall agree to pass the bill, it shall be sent, 
together with the objections, to the other house, by which it shall like- 
wise be reconsidered; and if it be approved by two-thirds of that house 
it shall become a law. But in all such cases the votes of both houses 
shall be determined by yeas and nays, and the names of the persons 
voting for or against the bill shall be entered on the journal of each 
house, respectively. If any bill shall not be returned by the Governor 
within three days (Sundays excepted) after it shall have been presented 
to him, the same shall be a law in like manner as if he had signed it, 
unless the Legislature, by adjournment within that time, prevents its 
return ; in which case it shall not be a law. The Governor may approve, 
sign, and file in the office of the Secretary of State, within three days after 



38 THE GOVERNMENT OF MINNESOTA 

the adjournment of the Legislature, any act passed during the last three 
days of the session, and the same shall become a law. If any bill pre- 
sented to the Governor contain several items of appropriation of money, 
he may object to one or more of such items, while approving of the other 
portion of the bill. In such case he shall append to the bill, at the time 
of signing it, a statement of the items to which he objects, and the appro- 
priation so objected to shall not take effect. If the Legislature be in 
session, he shall transmit to the house in which the bill originated a copy 
of such statement, and the items objected to shall be separately recon- 
sidered. If, on reconsideration, one or more such items be approved by 
two-thirds of the members elected to each house, the same shall be a 
part of the law, notwithstanding the objections of the Governor. All the 
provisions of this section, in relation to bills not approved by the Gov- 
ernor, shall apply in cases in which he shall withhold his approval from 
any item or items contained in a bill appropriating money. 

That part of the section giving the Governor power to veto 
particular items in appropriation bills was made part of the 
Constitution by an amendment in 1876. It is regarded as a 
valuable provision inasmuch as it gives the Governor a check 
upon appropriations secured by "log-rolling." The belief is 
often expressed that the President ought to have such a 
power over Congress. 

Laws in Effect. — When the laws are signed by the Gov- 
ernor they are turned over to the Secretary of State who is the 
custodian of them. It is usual for laws to go into effect "from 
and after their passage"; but the time at which they take 
effect may be deferred till such date as the laws themselves 
may direct. 

11 The Third Chamber." — There is another agency employed in the 
process of law-making not provided for in the Constitution, but so 
potent that it is sometimes called the "Third Chamber" of the Legis- 
lature. This agency is commonly known as "the lobby." The term 



THE LEGISLATURE: THE MAKING OF LAWS 39 

is indiscriminately used to include all those persons who visit the Capitol 
to urge upon members of the Legislature arguments for or against pro- 
posed legislation, or to influence their action by other methods. At 
every session persons and associations interested in certain legislation 
thus seek to influence the action of the Legislature. There is a legitimate 
and helpful way of doing this and a harmful way. As we have seen 
committees have "public hearings ,, where representatives of any interest 
may appear and present their views. Through the press, in public 
speeches, and by means of petitions great influence may be exerted. 
These are legitimate means. They supply needed information and 
indicate to members the state of public opinion on pending legislation. 
On the other hand, many "lobbyists" do their work in secret; they con- 
ceal their true character as the hired representative of some "interest"; 
they conceal their real purposes; they make themselves agreeable and 
useful to members in a great variety of ways and, having created a 
sense of obligation, expect the legislators to vote as they suggest on 
measures in which they are interested. 

The whole subject of "lobby" influence has received much attention 
in recent years, and several States have tried to eliminate the evils that 
have grown up from it. They require the registration of all legislative 
agents so as to show by whom they are employed and for what pur- 
poses. The expenses of all such agents must be filed with the Secretary 
of State; and the law forbids any agent to attempt personally or directly 
to influence any legislator in any way except through committee hear- 
ings, the press, or by written or printed statements to which all mem- 
bers have access. The purpose of making all these provisions is to give 
publicity as far as possible to all proceedings in the making of laws, 
whether in the Legislature or out of it. If a hired agent of a corporation 
comes before a committee, the members have a right to know that he is 
such, in order that they may give due weight to his arguments. 1 

The Initiative and the Referendum.— Under the present 
system, the law-making power is vested completely in the 
Legislature. There may be a great popular demand for 
legislation which that body does not heed. It considers only 

1 The whole subject is best treated in Reinsch, "American Legislatures 
and Legislative Methods," Chapter 9. 



40 THE GOVERNMENT OF MINNESOTA 

such matters as it sees fit; and its acts when signed by the 
Governor are "the law" until repealed. The law-makers 
are no doubt influenced by public opinion; but there is usu- 
ally no way of finding out with certainty what public opinion 
is, and a determined minority may prevent action on im- 
portant measures favored by the majority. 

The only remedy the people have is to elect a new Legis- 
lature which will pass the laws desired. But experience has 
shown that the machinery of representative government is 
cumbrous and does not always respond to the popular will; 
and this has led to an agitation for some means of "direct 
legislation." In some of the American States, notably in 
Oregon and Oklahoma, the people have this right. They may 
"initiate" laws by means of a petition signed by a specified 
percentage of the voters and require them to be submitted to 
popular vote; or, laws initiated by the Legislature are on 
petition referred to the people for approval before they can go 
into effect. Such a "referendum" vote is already required in 
Minnesota for adopting amendments to the Constitution, 
and it is employed in the local governments on some ques- 
tions, for the most part of a financial character, as in author- 
izing an issue of bonds. In 1907 a bill for an amendment to 
the Constitution, reserving to the people the right of " initiative 
and referendum" in the making of State laws, was introduced 
into the Senate and failed to pass by only one vote. In 1909 
a similar bill failed in the House by a vote of 45 to 67. It is 
obvious that if this method of law-making were widely applied 
in State matters, it would make a far greater demand upon 
the time and intelligence of the voters than law-making by 
representatives requires. 



THE LEGISLATURE: THE MAKING OF LAWS 41 



SUGGESTIONS AND QUESTIONS. 

1. The Legislative Manual contains the rules of each house for the 

session. It is necessary for the two houses to act together in 
some cases and hence the necessity of certain " joint rules." 
In matters of procedure not covered by the rules, or inconsistent 
with them, Jefferson's Manual of Parliamentary Practice is 
followed. 

2. For those who have studied the method of making laws in Con- 

gress, a comparison of the process in the two bodies may be 
made. 

3. In what two ways may a bill become a law without the signature 

of the Governor? 

4. It is desirable when possible to examine a bill in its various 

stages. 

5. Bills frequently fail because the two houses cannot agree on the 

exact provisions they shall contain. In case of important 
bills the device is often resorted to .of appointing a " confer- 
ence committee " made up of members of each house in the 
hope of reaching some agreement which will be acceptable to 
the respective houses. A "dead-lock" of the two houses is 
thus often broken. 

6. Is there anything in this chapter which seems to be in conflict 

with the principle of separation of the departments laid down 
in Article III? 

7. Look through the brief biographies of the members of the Legis- 

lature published in the Legislative Manual to ascertain the 
occupations of the members. Make a table showing the facts. 

8. Ought the president of a railway company or an insurance com- 

pany to be allowed to sit in the Legislature ? The hired agent 
or attorney of such a company? Should such agent or attor- 
ney be required to make public the fact that he is in the pay 
of such a company? Should a farmer or a manufacturer or 
a hired agent of one of these be allowed a seat ? Give reasons 
in each case. 

9. Debate this question: Resolved, That the best interests of the 

people of Minnesota require the adoption of a constitutional 
amendment providing for the initiative and referendum. 
10. Read Bryce's chapter on the State Legislatures in his "American 
Commonwealth." 



CHAPTER V. 

THE LEGISLATURE: LIMITATIONS AND SPECIAL 

POWERS. 

Limitations as to Procedure. — While the Legislature is 
given great discretion in the making of laws and in the meth- 
ods it shall pursue, the Constitution, as we have seen in the 
last chapter, commands it upon some points; and, as we are 
now to see, forbids it upon others. 

Hasty Legislation is guarded against. The tendency in all 
legislative bodies is to let a great mass of legislation accumu- 
late to be disposed of at the end of the session, when neither 
Governor nor members can duly consider proposed laws. 
To guard against this, it is provided (Article IV, Section i) that: 

"... No new bill shall be introduced in either branch, except on 
the written request of the Governor, during the last twenty days of such 
sessions, except the attention of the Legislature shall be called to some 
important matter of general interest by a special message from the 
Governor." 

Section 22 has the same general purpose: "No bill shall be passed 
by either House of the Legislature upon the day prescribed for the ad- 
journment of the two houses. But this section shall not be so construed 
as to preclude the enrollment of a bill, or the signature and passage from 
one house to the other, or the reports thereon from committees, or its 
transmission to the executive for his signature." 

These provisions are not a sufficient safeguard. The following 
abridgment and adaptation of an editorial which appeared in one of 
the leading daily newspapers four or five days before the adjournment 
of the session of 1907, shows the continuance of the evil and suggests a 
remedy: There has been an overwhelming flood of bills during the ses- 

42 



THE LEGISLATURE: LIMITATIONS AND POWERS 43 

sion; including duplicates, there have been introduced almost fifty per 
cent, more bills than ever before. In 1905 high-water mark was reached 
with over 1400 bills in both houses. This year the number is 2 131. 
About half of these have been dealt with in committee; but the House 
has already reported back about 500 bills. In the Senate the num- 
ber of printed bills is over 450. Several important bills have been 
disposed of, but there is still an immense mass of unfinished business, 
including a score or more of bills that require careful study and debate, 
and a hundred other apparently minor bills that demand close scrutiny. 
It is a physical impossibility that anything like the necessary examination 
should be given to the accumulation during the remaining days of the 
session, especially with the "omnibus appropriation bill" yet to be pre- 
sented and acted upon. 

The effects of the rush and confusion of the last days of the session 
are likely to prove more than ever embarrassing. Invariably, under 
cover of the rush, measures are put through that ought not to be counte- 
nanced, and measures are killed that ought on their merits to be passed. 
Under cover of the rush, too, changes are made inadvertently or pur- 
posely either through carelessness or with intent to modify a measure for 
the benefit of some private interest. Such incidents are likely to multiply 
this year in the frantic effort to get bills through before the end. An 
extra session might solve the present difficulty, but it would be expensive, 
and the same condition is likely to recur in future years as the growth of 
the State makes new demands. It is not desirable to remove the time 
limit. Ninety days is a longer period than most States allow for biennial 
sessions. The common rule is sixty days. Nor is it the time limit alone 
that leads to the congestion. Bills may now be presented during the 
first seventy days of the session. Were this provision amended to restrict 
the introduction of bills to the first thirty days there would be fewer bills 
introduced and more time to consider those that were introduced. It 
would insure sixty days for considering the mass of legislation. Most 
important matters of legislation are discussed during the campaign and 
could be easily introduced during the first month. Necessary bills, to 
meet new situations as they arise, could, as now, be introduced on the 
request of the Governor. It is convenient to permit the introduction of 
bills for seventy days, but it serves no necessary purpose, while, on the 
other hand, it tends to bring about the congestion and the rush at the 
closing hours which is so distinctly dangerous and sometimes disastrous. 



44 THE GOVERNMENT OF MINNESOTA 

Omnibus Bills, that is, bills relating to several distinct sub- 
jects, may not be passed by the Legislature: 

Article IV, Section 27. — No law shall embrace more than one 
subject, which shall be expressed in its title. 

Formerly it was the common practice in legislatures to 
embody several distinct measures in one law. This custom 
probably grew up in connection with the practice of " log- 
rolling," i. e., of "trading" votes among members so as to 
insure the passage of their respective measures. An unpop- 
ular law might be attached as a "rider" to a popular one and 
thus carried through. The section quoted seeks to secure a 
vote on each measure upon its merits. It cannot be supposed 
that the practise of trading votes is wholly prevented by this 
provision, but it tends to prevent such trading. This pro- 
hibition is not deemed to apply to acts appropriating money 
for different purposes. Toward the end of each regular 
session such an act is passed to "appropriate money for the 
expenses of the State government and for other purposes," 
carrying hundreds of items. It is sometimes called the "gen- 
eral appropriation act," sometimes the " omnibus appropria- 
tion act." It is always one of the most important laws of the 
session. 

Restrictions as to the Character of Laws. — Some laws 
falling within the sphere of State legislation the Legislature 
is forbidden to pass. Thus while laws may be made relating 
to divorces, e. g., determining the conditions upon which 
they may be granted, " Divorces shall not be granted by the 
Legislature" itself. Such questions are judicial in character 
and should be decided by a court, not by a political body. 



THE LEGISLATURE: LIMITATIONS AND POWERS 45 

Again, Section 31 provides that "the Legislature shall 
never authorize any lottery or the sale of lottery tickets." 
This shows a great change in public opinion about lotteries. 
During the eighteenth century the colonial legislatures fre- 
quently authorized lotteries as a means of raising public 
revenue, as well as for raising money for building colleges, 
churches, and the like. The practice was continued by the 
States, but during the past half-century the American gov- 
ernments have discouraged this as well as other forms of 
gambling. Congress forbids the use of the mails for even 
advertising lotteries. 

Special Legislation. — Formerly the Legislature could 
pass special laws affecting persons and places. Such special 
legislation had serious evils: (1) It took up a large amount of 
the time of the Legislature, often upon matters of a trivial 
sort; (2) it led to the granting of special privileges to those 
persons or places that were influential in getting laws enacted; 
(3) it made the granting of corporation rights like those of 
railway, insurance, or banking companies a matter of political 
influence. By constitutional amendment in 1881, further 
extended in 1892, special legislation is prohibited in all cases 
where general laws may be made to apply. The following 
section indicates the extent to which special legislation had 
been resorted to and is now forbidden: 

Article IV, Section 33. In all cases when a general law can be made 
applicable, no special law shall be enacted; and whether a general law 
could have been made applicable in any case is hereby declared a judi- 
cial question, and as such shall be judicially determined without regard 
to any legislative assertion on that subject. The Legislature shall pass 
no local or special law regulating the affairs of, or incorporating, erecting 



46 THE GOVERNMENT OF MINNESOTA 

or changing the lines of, any county, city, village, township, ward or 
school district, or creating the offices, or prescribing the powers and 
duties of the officers of, or fixing or relating to the compensation, salary 
or fees of the same, or the mode of election or appointment thereto, 
authorizing the laying out, opening, altering, vacating or maintaining 
roads, highways, streets or alleys; remitting fines, penalties or forfeit- 
ures; regulating the powers, duties and practice of justices of the peace, 
magistrates and constables; changing the names of persons, places, 
lakes or rivers; for opening and conducting of elections, or fixing or 
changing the places of voting; authorizing the adoption or legitimation 
of children; changing the law of descent or succession; conferring rights 
upon minors; declaring any named person of age; giving effect to in- 
formal or invalid wills or deeds, or affecting the estates of minors or per- 
sons under disability; locating or changing county seats; regulating the 
management of public schools, the building or repairing of school 
houses, and the raising of money for such purposes; exempting property 
from taxation, or regulating the rate of interest on money; creating cor- 
porations, or amending, renewing, extending or explaining the charters 
thereof; granting to any corporation, association or individual any 
special or exclusive privilege, immunity or franchise whatever, or 
authorizing public taxation for a private purpose. Provided, however, 
that the inhibitions of local or special laws in this section shall not be 
construed to prevent the passage of general laws on any of the subjects 
enumerated. 

The Legislature may repeal any existing special or local law, but shall 
not amend, extend or modify any of the same. 

Personal Liberties. — As was pointed out in discussing the 
Bill of Rights, the Legislature, as well as other departments 
of government, is restricted in its power to destroy certain 
personal rights. Several of these restrictions, mentioned in 
Article I, Section n, require comment: 

" No bill of attainder, ex post jacto law, nor any law impairing the 
obligation of contracts shall ever be passed, and no conviction shall 
work corruption of blood or forfeiture of estate." 



THE LEGISLATURE: LIMITATIONS AND POWERS 47 

These prohibitions are also found in the Federal Consti- 
tution and lie against Congress as well as the States. A bill 
of attainder is a statute imposing a punishment upon a person 
without trial. Such acts are political, not judicial. In Eng- 
land such an act carried with it an " attainder," i. e. } a " cor- 
ruption of blood," which prevented the children of the con- 
demned person from inheriting his estate. An ex post facto 
law u 'is a law which makes acts criminal which were not 
criminal when committed, or provides a more severe punish- 
ment for criminal acts already committed, or changes the 
rules of procedure so as to make it more difficult for a person 
accused of crime to defend in a prosecution for such crime." 
A law may be " retroactive" without being ex post facto, and 
is not forbidden. The main purpose of the provision about 
impairment of contracts is to prevent the Legislature from 
making any law that will disturb the binding force of a con- 
tract between individuals. A State, e. g., may not pass a 
bankrupt law that has the effect of freeing persons from 
obligations made prior to the enactment; though Congress 
may. Many important cases have arisen under this clause. 

Non-Legislative Powers: 1, Impeachment. — The Legis- 
lature has several powers of a judicial character. Thus each 
house is judge of its own elections; and each has a limited 
power to punish its own members and even those who are 
not members (.Article IV, Section 18). But its most important 
judicial power is that of impeachment. This is a process of 
bringing public officials to trial before a legislative body sit- 
ting as a court. There are two steps in impeachment pro- 
ceedings: (1) the making of the charge — the "impeachment" 



48 THE GOVERNMENT OF MINNESOTA 

proper; and (2) the trial. The Constitution provides as 
follows: 

Article IV, Section 14. The House of Representatives shall have the 
sole power of impeachment, through a concurrence of a majority of all 
the members elected to seats therein. All impeachments shall be tried 
by the Senate; and when sitting for that purpose the Senators shall be 
upon .oath or affirmation to do justice according to law and evidence. 
No person shall be convicted without the concurrence of two-thirds of 
the members present. 

Article XIII, Section 1. The Governor, Secretary of State, Treas- 
urer, Auditor, Attorney General, and the Judges of the Supreme and 
District courts, may be impeached for corrupt conduct in office, or for 
crimes and misdemeanors; but judgment in such case shall not extend 
further than to removal from office and disqualification to hold and en- 
joy any office of honor, trust or profit in this State. The party convicted 
thereof shall nevertheless be liable and subject to indictment, trial, judg- 
ment and punishment according to law. 

Section 2. The Legislature of this State may provide for the removal 
of inferior officers from office, for malfeasance or nonfeasance in the 
performance of their duties. 

Section 3. No officer shall exercise the duties of his office after he 
shall have been impeached and before his acquittal. 

Section 4. On the trial of an impeachment against the Governor, the 
Lieutenant-Governor shall not act as a member of the court. 

Section 5. No person shall be tried on impeachment before he shall 
have been served with a copy thereof at least twenty days previous to 
the day set for trial. 

Impeachment Cases. — The Legislature has used this judicial power 
in but three cases: In 1873 William Seeger, State Treasurer, was im- 
peached through a committee of the House for the misuse of public 
funds. He was found guilty and was disqualified from holding any 
office of honor, trust or profit in the State. In 1878 Judge Sherman 
Page of the Tenth judicial district was impeached on the charge of arbi- 
trary conduct on the bench and abusive treatment of a grand jury. He 
was acquitted. The third case was that of Judge E. St. Julian Cox, of 
the Ninth judicial district, charged, 1882, with drunkenness while pre- 
siding at various trials. He was found guilty of several charges, was re- 



THE LEGISLATURE: LIMITATIONS AND POWERS 49 

moved from office, and disqualified from holding any judicial office for 
a period of three years. 

2. Election of United States Senators. — This is a duty laid 
on the Legislature by the Federal Constitution. Most of the 
details are fixed by a law of Congress. It requires (1) that each 
house of that Legislature elected next before the expiration of 
a Senator's term shall proceed separately to an election on the 
second Tuesday after organization. Each member expresses 
his choice as his name is called. (2) At 12 m. the next day 
the two houses meet in joint session; and if, on the reading of 
the journals of the previous day, it appears that in each house 
a majority of all the members elected had been present and 
voted, and that the same person had received a majority of 
the votes cast in each house, he is declared to be elected. 
(3) If no one has been elected the joint assembly must take 
a vote; and if the same person receives a majority of the 
votes cast — a majority of all members elected to both houses 
being present and voting — he is declared elected. (4) If no 
one has received such majority, the two houses must meet in 
joint assembly each legislative day at noon and take at least 
one vote until a Senator is elected. The State law also enacts 
these provisions, and requires, the joint meetings to be held 
in the House chamber, with the Speaker presiding and the 
Chief Clerk acting as secretary. 

3. Confirmation of Appointments. — The Senate is given 
the special power of confirming certain appointments made 
by the Governor. The subject will be discussed in a later 
chapter (p. 141). 



50 THE GOVERNMENT OF MINNESOTA 



SUGGESTIONS AND QUESTIONS. 

i. Compare the provisions in the State Constitution with those in 
the Federal Constitution with respect to the following: The 
persons subject to impeachment ; offences for which they are 
subject to impeachment; method of trial; and punishment. 
Put the information in tabular form. 

2. Must a person found guilty in an impeachment trial necessarily 

be disqualified from holding office? Must he be removed from 
office? 

3. Suppose the House makes a charge against an official in due 

form, but the Senate dismisses the case without trial. Has 
the official been impeached ? 

4. Malfeasance is an unlawful use of power by an officer; mis- 

feasance, the wrongful use of a lawful power; and non- 
feasance, the omission of a duty that ought to have been 
performed. 

5. Do you know of any cases of special legislation under the form 

of a general law ? Can you justify the passage of such laws ? 

6. Examine the State and National platforms of the various par- 

ties during the last campaign and see what position was taken 
with respect to popular election of United States Senators. 

7. What are the arguments for and against the popular election of 

Senators ? There is much magazine literature on the subject 
of the proposed reform. The best treatment of the subject is 
found in Haynes, "The Election of Senators." 



CHAPTER VI. 

THE EXECUTIVE DEPARTMENT. 

Introductory. — The laws made by the Legislature would 
be of no force without some provision for putting them into 
operation. To execute or administer these laws the Con- 
stitution provides, in Article V, for an " Executive Depart- 
ment/' composed of certain State officials, and the Legislature 
has created other State offices for the same purpose. But the 
State laws are not administered by these " State officers" 
alone. Much executive power is lodged with the local gov- 
ernments, not only for putting their own laws into force, but 
for carrying out State laws as well. Thus, a town assessor 
lists property for taxation according to a State law, and a 
county treasurer collects State, as well as local, taxes. These 
local administrative offices will be discussed in Chapter VIII. 
The present chapter will tell only of State executive officers. 

Executive Department Defined; Oath of Office. — Article V, Sec- 
tion i. The Executive Department shall consist of a Governor, Lieu- 
tenant-Governor, Secretary of State, Auditor, Treasurer, and Attorney- 
General, who shall be chosen by the electors of the State. 

Section 8. Each officer created by this article shall, before entering 
upon his duties, take an oath or affirmation to support the Constitution 
of the United States and of this State, and faithfully discharge the duties 
of his office to the best of his judgment and ability. 

It would perhaps be more accurate to speak of these officers 
as belonging to the executive branch of the State govern- 

51 



S 2 THE GOVERNMENT OF MINNESOTA 

ment; for in a true sense they are not a " department." Each 
is elected independently of the others and in a large measure 
acts independently of them. There is of course no relation 
between the Governor and the other State officers named, 
such as exists between the President and his cabinet. 

The Governor : Term.— His qualifications are prescribed 
in Article V, Section 3: 

The term of office of the Governor and Lieutenant-Governor shall 
be two years, and until their successors are chosen and qualified. Each 
shall have attained the age of twenty-five (25) years, and shall have been 
a bona fide resident of the State for one year next preceding his election. 
Both shall be citizens of the United States." x 

Powers; Chief Executive— The Governor is usually called 
the "chief executive" of the State, though not known to law 
by that name; and there are reasons for the usage. The 
Constitution requires that "he shall take care that the laws 
be faithfully executed"; while other executive officers for 
the most part perform their duties without interference or 
direction on the part of the Governor, " he may require the 
opinion, in writing, of the principal officer in each of the exec- 
utive departments, upon any subject relating to the duties of 
their respective offices" ; by law he is made ex-officio member 

1 Following is a list of Governors from 1858 to 1909: 

Henry H. Sibley . 1858-1860 Lucius F. Hubbard .... 1882-1887 

Alexander Ramsey 1860-1863 A. R. McGilL ^^J*? 

Henry A. Swift 1863-1864 William R. Memam .... 1889-1893 

Stephen Miller !86 4 -i866 Knute Nelson . 1893-1895 

William R. Marshall .... 1866-1870 David M. Clough 1895-1899 

Horace Austin 1870-1874 John Lind .... 1890-190 1 

Cushman K. Davis 1874-1876 Samuel R. Van Sant .... 1901-1903 

John S. Pillsbury 1876-1882 John A. Johnson 1905-1909 

Governor Johnson was elected in 1908 for a third term but died in Sep- 
tember, 1909. He was succeeded by Lieutenant-Governor A. O. Ebernart. 



THE EXECUTIVE DEPARTMENT 53 

of many boards; is given authority to approve the bonds of 
other State officials, to remove many officials, both State and 
county, and to act for the State in dealing with other States, as 
in extradition matters; and he has the power to use the mili- 
tary forces of the State for its peace and defence. Because of 
the exercise of these and other general and directing powers 
the Governor is properly called the " Chief Executive." 

Connection with Law-Making. — In three ways the Con- 
stitution connects the Governor with the making of laws: (1) 
"He may on extraordinary occasions convene both houses of 
the Legislature" (see p. 24); (2) "The Governor shall com- 
municate by message to each session of the Legislature such 
information touching the state and condition of the country 
as he may deem expedient." Besides the message at the 
opening of each session he may communicate with the Leg- 
islature at any time, calling attention to needed legislation; 
(3) "He shall have a negative upon all laws passed by the 
Legislature, under such rules and limitations as are in this 
Constitution prescribed." These regulations are prescribed 
in Article IV, Section 11. (See p. 37.) 

Bryce, speaking of the functions of Governors generally in the Ameri- 
can States, says that perhaps the most important power in the hands of 
the Governor is the veto. By its use he focuses public attention upon 
the measure in hand and causes greater caution on the part of the Leg- 
islature. "The use of his veto is, in ordinary times, a Governor's most 
serious duty, and chiefly by his discharge of it is he judged. The merit 
of a Governor is usually tested by the number and boldness of his vetoes; 
and one may see a Governor appealing to the people for re-election on 
the ground that he has defeated in many and important instances the 
will of their representatives solemnly expressed in the votes of both 
houses. That such appeals should be made, and often made success- 
fully, is due not only to the distrust which the people entertain of their 



54 THE GOVERNMENT OF MINNESOTA 

Legislatures, but also, to their honor be it said, to the respect of the 
people for courage. They like above all things a strong man." 1 

This judgment can hardly be accepted for Minnesota. The number 
of vetoes has usually been small. Governor Johnson used the power 
more freely perhaps than any other Governor. During his first term 
he vetoed nine bills, during his second five, and during his third term 
nine. Some of these measures were important, as the tonnage tax bill of 
1909; and it is no doubt true that other measures received a practical 
veto through his letting it be known that certain measures which came 
to him were objectionable in time to allow their recall by the Legislature 
for amendment. But when all is said, it seems clear that the Governor's 
power of veto is less important than that used in making appointments. 

The Appointing Power. — One of the most important 
duties of the Governor is that of making appointments. 
Compared with the immense patronage of the President, the 
offices he may fill are not numerous or important. Most of 
the salaried offices of the State are filled by election; but 
a number of salaried officials are appointed by the Governor. 
Among them are the members of the Board of Control, the 
Commissioner of Insurance, the members of the Tax Com- 
mission, the Superintendent of Public Instruction, the Super- 
intendent of Banks, the Dairy and Food Commissioner, and 
the Commissioner of Labor. Besides these and numerous 
other salaried officials the Governor appoints many non- 
salaried officials, requiring on his part great care and dis- 
cretion. In this class may be mentioned the Board of Regents 
for the University, the State Normal Board, the High School 
Board, Trustees of the Soldiers' Home, the Board of Medical 
Examiners, the State Board of Health, the Directors of the 
Schools for the Deaf and the Blind, the Capitol Commission, 
and the State Library Commission. Moreover, the Governor 

1 " The American Commonwealth," abridged edition, pp. 343, 369. 



THE EXECUTIVE DEPARTMENT 55 

has additional powers of appointment in case of certain 
vacancies. It does not seem too much to say that this is the 
most important function the Governor of Minnesota has to 
perform. One serving two or more terms may change for 
good or ill the policy of the State in many of its activities and 
may alter the character of the institutions intrusted to his 
appointees. It should be noted, moreover, that the Governor 
may, if disposed, influence legislation through his appoint- 
ments; though such a use of patronage is always reprehen- 
sible. The patronage of the office is certain to grow; and 
with that growth the people must learn to weigh appoint- 
ments and find some effective method of expressing their 
approval and disapproval of the kind of appointments made. 
The Pardon Power. — In some States the power of pardon 
is vested in the Governor alone. This places a great respon- 
sibility upon one man, and frequently subjects him to great 
pressure. Sometimes the power has been used corruptly, and 
often a man of sympathetic nature is led to leniency where 
the welfare of the State requires sternness. The plan of 
having a board of pardons tends to overcome these diffi- 
culties. The Constitution provides, Article V, Section 4, that 

the Governor "shall have power in conjunction with the Board of Par- 
dons, of which the Governor shall "be ex-ofncio a member, and the other 
members of which shall consist of the Attorney- General of the State of 
Minnesota and the Chief Justice of the Supreme Court of the State of 
Minnesota and whose powers and duties shall be defined and regulated 
by law, to grant reprieves and pardons after conviction for offenses against 
the State, except in cases of impeachment." 

Military Power. — Although the States are forbidden by 
the Federal Constitution (Article I, Section 10) to keep an 



56 THE GOVERNMENT OF MINNESOTA 

army and navy without the consent of Congress or to engage 
in war with a foreign power unless actually invaded or in 
danger of invasion, they are expressly allowed (Amendment 
II) to provide a militia for the enforcement of State laws and 
the preservation of order. The State Constitution provides, 

Article XII, that "It shall be the duty of the Legislature to pass 
such laws for the organization, discipline and service of the militia 
of the State as may be deemed necessary," and the law declares that 
"All able bodied male residents of the State between the ages of eighteen 
and forty-five years shall constitute the militia thereof, and be required 
to perform military duty in case of war, invasion, rebellion or riot," with 
the exception of a few classes. 1 

The Federal government constitutes this same body of men 
a militia for national defence. The "active militia" in this 
State is known as the " Minnesota National Guard," and 
consists of three regiments of infantry, organized as one 
brigade commanded by a brigadier-general. It includes 
(1909) about 3000 enlisted men and officers, out of a total 
of more than 400,000 males of militia age. The Governor is 
commander-in-chief of the militia except such part as may 
be in the service of the United States. He may use it to en- 
force the laws and to protect life and property in the State. 
He appoints an extensive staff, of whom the most important 
is the Adjutant-General who, under the Governor, has general 
supervision and control of all military forces of the State and 
of all military property. He is also required to act as agent 
for all residents of the State having claims against the United 
States for pensions, bounties, and the like, growing out of the 
Civil Wan The Adjutant-General's salary is $2000 per year. 

Fortunately the Governor has not had frequent occasion to 

1 Revised Laws, 1905, Section 1039. 



THE EXECUTIVE DEPARTMENT 57 

use his great military powers to maintain internal peace. 
In time of war the Governors have given prompt aid to the 
President. Thus at the time of the Spanish- American War 
the Governor of Minnesota was the first State executive to 
place troops at the disposal of the President. 

The relation of the Federal government to the militia is undergoing 
important changes. The Constitution gives Congress power "to pro- 
vide for organizing, arming, and disciplining the militia, and for gov- 
erning such part of them as may be employed in the service of the United 
States, reserving to the States, respectively, the appointment of the offi- 
cers, and the authority of training the militia according to the discipline 
prescribed by Congress"; and to provide for calling it forth "to execute 
the laws of the Union, suppress insurrections and repel invasions" 
(Article I, Section 8). When so called forth such forces are under the 
command of the President. The policy has long been to leave the man- 
agement of the militia to the States; but since the Spanish -American 
War steps have been taken, intended to promote the efficiency of the 
militia, that greatly extend Federal control. The Dick Act of 1903 in- 
creased the slight sum previously apportioned to the States, for main- 
taining the militia, to $2,000,000 a year. This sum is to be divided among 
the several States according to their representation in Congress on con- 
dition of their complying with the regulations prescribed by the Secretary 
of War with respect to organization, armament, and discipline. In 1908 
the act was amended so as to add $2,000,000 more to the Federal grant 
to be apportioned to those States which by 1910 should comply with the 
regulations fixed by the Secretary. All organized militia of all States 
accepting this grant becomes subject to the call of the President to serve 
such length of time as he may specify "either within or without the ter- 
ritory of the United States." The purpose of this legislation is to make 
the State militia virtually a part of the regular army of the United States 
instead of an organization for police duty within the State at the com- 
mand of the Governor, as it has heretofore been. Here we have an ex- 
ample of the way State authority is being absorbed by the Federal gov- 
ernment. The State rather than pay the expense necessary to maintain 
a well-organized militia surrenders its rights for an annual grant of a 
few thousand dollars. 



58 THE GOVERNMENT OF MINNESOTA 

The Lieutenant-Governor. — Article V, Section 6. The Lieutenant- 
Governor shall be ex-ofhcio president of the Senate; and in case a va- 
cancy shall occur, from any cause whatever, in the office of Governor, he 
shall be Governor during such vacancy. The compensation of Lieuten- 
ant-Governor shall be double the compensation of a State senator. 
Before the close of each session of the Senate they shall elect a president 
pro tempore, who shall be Lieutenant-Governor in case a vacancy should 
occur in that office. 

The Secretary of State is "the custodian of the State 
seal and of all records and documents of the State not ex- 
pressly required by law to be kept by other State officials. ,, 
In his care are all the volumes of laws enacted and all legis- 
lative records. He is chairman of the "printing commis- 
sion,' ' which has charge of the printing and distribution of 
the laws and other public documents. He issues certificates 
of incorporation to banking, mercantile, charitable, and other 
corporations. The elections are largely directed by him. 
He notifies the auditor of each county of the officers to be 
voted for within the county during the year, and prepares and 
transmits to the auditors the necessary blanks for carrying on 
the elections. To him are sent the returns of election of all 
State officers, members of Congress, and presidential electors; 
and he acts as chairman of the "canvassing board," made up 
of two or more members of the supreme court and two judges 
of the district courts. He also countersigns the certificates of 
election signed by the Governor. The Secretary is elected for 
a term of two years, and his salary is $3500. 

The State Auditor, — The duties of this officer are varied 
and important. 1. He "shall superintend and manage the 
fiscal concerns of the State." Every demand for money to be 



THE EXECUTIVE DEPARTMENT 59 

paid out of the State treasury must be examined and adjusted 
by him and a warrant or order for the amount allowed drawn 
by him; and this requires that he keep an account with every 
fund, and every State institution, authorized by law. He is 
chairman of the " board of deposit," * which is charged with 
the duty of selecting banks in which to deposit the public 
funds. He is secretary of the " board of investment," whose 
duty it is to invest the permanent school fund and other funds. 
His fiscal duties give the Auditor large control over the 
process of taxation. He prepares all the necessary forms and 
blanks, has the power to construe the tax laws, determine as 
between counties in the State where personal property shall be 
listed, and has many other duties in connection with taxation. 
2. The Auditor "shall have general supervision of all 
lands owned by the State . . . and of the leasing, sale, or 
other disposition thereof." 2 



The public lands of the State have come to it through grants by Con- 
gress for various purposes. The act to establish a territorial govern- 
ment, March 3, 1849, reserved sections sixteen and thirty-six in each 
township "for the purpose of being applied to schools in said Terri- 
tory, and in the State and Territories hereafter to be erected out of the 
same." Section 5 of the "Enabling Act " of February 26, 185 7, confirmed 
this reservation and granted the tracts mentioned to the State, as well as 
seventy-two sections for the University, ten sections for public buildings, 
and an indefinite amount in connection with such salt springs as might 
be found. Other grants for internal improvements and for the agri- 
cultural school and other institutions have been made. To the middle 
of 1908 the sales of these lands had been as follows: 



1 The other members of this board are the State Treasurer, Secretary of 
State, the Attorney-General, and the Public Examiner. 

2 Revised Laws, 1905, Section 33. 



60 THE GOVERNMENT OF MINNESOTA 

Forfeitures, 
Acres sold. *%*£ .imber^eral Totals, 

leases, etc. 

Schoollands WSho** $12,352,799 $7,336,574 $19,689,373 

Agriculture college 

lands 94,439 559>5 2 8 11,218 57°,746 

Internal improvement 

lands 49^423 881,384 2,057,742 2,939,126 

State institution lands 92,865 609,696 332,104 941,800 

University lands 44,499 265,006 578,061 843,067 

In 1907 it was estimated that the State still owned about 3,000,000 
acres of mineral, timber, and agricultural lands. 1 It is the policy of the 
State to sell the agricultural lands as fast as there is demand for them at 
six or seven dollars per acre. The policy is now being followed of re- 
serving the timber lands and the mineral lands from sale. 

It is the duty of the Auditor to manage this vast estate, to conduct 
sales of land or of timber, and to lease mineral lands, and to protect 
such lands from depredation. It will be seen that the office is, there- 
fore, one of great importance. The term is fixed at four years, and 
the salary is $3600. 

The State Treasurer. — This officer serves for two years 
and receives a salary of $3500. The law requires that he 
"shall receive and receipt for all moneys paid into the State 
treasury, and safely keep the same until lawfully disbursed." 
He can pay out money only on orders or warrants drawn by 
the Auditor. As large sums of money are in his charge he is 
required to give a bond for $400,000. At the close of each 
business day he must make a full report to the Auditor of his 
receipts and disbursements, and every two months he must 
publish in a daily newspaper a statement of the condition of 
each fund in his keeping. " At least four times a year, without 
previous notice to the Treasurer," the books are examined by 

1 Journal of the House, April 20, 1907. 



THE EXECUTIVE DEPARTMENT 6 1 

a "board of audit," consisting of the Governor, the Attorney- 
General, and the Secretary of State. The " board of deposit" 
determines in what banks the public moneys shall be placed; 
and the " Treasurer shall not be liable for the safe-keeping 
of moneys of the State while so lawfully deposited." 

The Attorney-General is elected for a term of two years 
and receives a salary of $4800. The law provides that he 
" shall appear for the State in all causes in the supreme and 
Federal courts wherein the State is directly interested; also 
in all civil causes of like nature in the district courts, when- 
ever in his opinion the interests of the State require it. Upon 
the request of the county attorney he shall appear in the dis- 
trict court in such criminal cases as he shall deem proper. 
Whenever the Governor shall so request in writing, he shall 
prosecute any person charged with an indictable offence; 
and in all such cases he may attend upon the grand jury, and 
exercise the powers of the county attorney." * He brings suit 
against bondsmen in case officers become delinquent, acts as 
legal adviser to State and local officers, prepares the forms of 
contracts to which the State is a party, receives from county 
attorneys reports of all criminal proceedings, and makes a 
report to the Legislature of the work of his office for the 
previous two years. 

Other Administrative Officers.— Though not included by 
the Constitution in the " executive department," the follow- 
ing officers have important executive or administrative duties 
to perform: 

1 Revised Laws, 1905, Section 56. 



62 THE GOVERNMENT OF MINNESOTA 

i. The Superintendent of Public Instruction is ap- 
pointed by the Governor for a term of two years, and receives 
a salary of $3000. His duties are largely advisory. He is 
required to advise with the county and other superintendents 
with respect to the interests of the public schools; he receives 
statistical and other reports from the county superintendents 
and the heads of the State educational institutions, and em- 
bodies them in his biennial report; he apportions the school 
funds to the various counties, supplies blanks for school 
officers, and has charge of institutes and summer training 
schools for teachers; he superintends the examinations for 
teachers and issues certificates to successful candidates; and 
he serves as a member ex-officio upon the Normal School 
Board and Board of Regents for the University and other 
boards. 

2. The Public Examiner.— This officer is charged with 
the important duty of supervising the books and accounts of 
the educational, charitable, and penal institutions of the 
State, and also those of county officers. In order to prevent 
loose methods that may result in a public loss he is authorized 
to prescribe and enforce correct forms of book-keeping in 
such institutions and offices. The Examiner also has the 
power to examine the books of those companies which pay 
their taxes in the form of a gross-earnings tax. He is 
appointed by the Governor for a term of three years and 
receives a salary of $3500. 

3, The Superintendent of Banks. — The Legislature in 
1909 created a department of banking, to be in charge of a 



THE EXECUTIVE DEPARTMENT 63 

Superintendent of Banks appointed by the Governor at a 
salary of $5000 per year. It is his duty to inspect, through 
the examiners of the department, all the State banks, savings- 
banks, and trust companies in the State at least twice a 
year, to determine the value of their assets and the amount 
of their liabilities, and to ascertain whether their business is 
conducted safely and according to law. He is assisted by 
an assistant superintendent and a corps of examiners. These 
duties were, prior to 1909, performed by the Public Examiner. 

4. The Commissioner of Labor is appointed by the Gov- 
ernor as the head of the " Bureau of Labor Industries and 
Commerce." The other members of this Bureau are an 
assistant commissioner and a statistician, both appointed by 
the Commissioner, who also appoints a number of deputies 
and factory inspectors. The Bureau enforces the laws reg- 
ulating the employment of women and children and those 
for the protection of the lives, health, and rights of the 
working classes. It also gathers and publishes statistics re- 
lating to the industrial and social conditions of the laboring 
classes and of the industries in which they are employed. 1 

Labor Laws. — Some of the most important provisions of the labor 
laws the Bureau has to enforce relate to the employment of children. 
No child under fourteen is allowed to work at any time about a factory, 
mill, workshop, or mine; and it is unlawful to employ a child over 
fourteen and under sixteen in "any business or service whatever, dur- 
ing any part of the term during which the public schools of the district 
the child resides in are in session." For the employment of such chil- 
dren while the schools are in session an " employment certificate" is re- 
quired. Such certificate may be issued by superintendents of schools, 

1 General Laws, 1907, Chapter 356. 



64 THE GOVERNMENT OF MINNESOTA 

or chairmen of boards of education upon their receiving satisfactory 
evidence of the strength and healthfulness of the child, a prescribed 
school record, and that his work is necessary to the support of himself 
or family. Even then the child may not be employed in any gainful 
occupation more than sixty hours in a week, nor earlier than 7 A. M. 
nor later than 7 p. m., with certain exceptions as to Saturdays and 
Christmas time; nor may he be employed in any occupation dangerous 
to life, health, or morals. An act of 1909 forbids the employment of 
women in any mercantile or manufacturing establishment for more 
than fifty-eight hours a week, and makes strict regulations as to time 
allowed for meals and as to the air space and cleanliness of buildings 
in which they are employed. Other laws relate to the safety and health 
of adults, such as the guarding of saws, planes, and shafting that are 
sources of danger. There are provisions for requiring sufficient means 
of escape from factories in case of fire. Doors must be properly located 
and so hung as to make egress easy, and fire-escapes must be provided. 
Factories are required to be kept in proper sanitary condition. The 
working day for manual laborers on State works is limited to eight 
hours. 1 

5, The Railroad and Warehouse Commission. — This 
important Commission is composed of three members elected 
for terms of four years. Previous to 1899 the members were 
appointed by the Governor, and there has recently been some 
agitation to make them again appointive. The Commission 
has two general classes of duties: (1) those pertaining to 
railroads; and (2) those relating to the storage of grain. 
The Commission collects, and publishes in its reports, the 
statistics of all the railways operating in the State. Its most 
important railroad duty, however, is to investigate com- 
plaints from shippers and communities against railway prac- 
tices, such as charging too high a rate; charging one patron 
or place more than is charged for like service to other persons 

1 For the child labor law, see General Laws, of 1907, Chapter 299. See 
also Laws of 1909, Chapter 499. 



THE EXECUTIVE DEPARTMENT 65 

or communities; giving insufficient train service or inade- 
quate station, switch, or platform facilities and the like. 
Most of the complaints are settled by conference with the 
parties affected; others are given a public hearing, and then 
the Commission gives such orders as seem just to the public 
and to the roads. Its power extends to the fixing of reason- 
able rates to take the place of unjust ones; but its action is 
not final in such cases, the courts, on appeal to them, having 
the pow r er to determine what rates are just and reasonable. 

The grain department has to do with the inspection and 
weighing of grain stored in public warehouses or elevators. 
This work is in charge of a chief inspector appointed by the 
Commission, and of such deputies and helpers as may be re- 
quired. The Commission grants the license required of pub- 
lic warehouses, has an oversight of the grading of grains, and 
prescribes rules for the receipt, care, and delivery of grain 
stored at the places under its inspection. The Commis- 
sioners each receive $3000 a year. 

6, The Board of Control. — Prior to 1901 each of the char- 
itable and penal institutions of the State had its own govern- 
ing board serving without pay. Some unity was given to 
the system of caring for the dependent and defective classes 
through the efforts of the State Board of Charities and Cor- 
rections, whose duties were, however, largely advisory. It was 
believed that the financial management of these institutions 
could be made more economical if they were put under the 
management of one body, and the Board of Control was 
created by a law of 1901 and given such management. It 
consists of three members appointed by the Governor for 



66 THE GOVERNMENT OF MINNESOTA 

terms of six years, who receive a salary of $3500 each. They 
have full control of the accounts and policy of the State prison, 
the reformatory, the State training school for boys and that 
for girls, the school for the feeble-minded, the hospitals and 
asylums for the insane, and the new State sanitarium for con- 
sumptives. It was originally given financial control of the 
University, the State Normal schools, the school for the deaf 
and dumb, and the State public school; but in 1905 its con- 
trol over these institutions was limited to an oversight of their 
building operations. 

7. The State Board of Health and Vital Statistics is 

coming to occupy a place of great importance in the State. 
It makes regulations for the control of infectious and con- 
tagious diseases; has an oversight of the sanitary conditions 
in schools, hospitals, almshouses, prisons, and other public 
institutions; deals with problems of public water supply, 
especially with the pollution of streams; and is charged with 
the duty of collecting statistics of births, deaths, and the 
causes of death throughout the State. It is thus brought into 
close relation with local health authorities and the local 
registration officers, the town clerk, and the clerk of the district 
court. The Board is composed of nine members " learned 
in sanitary science." The executive officer is the Secretary 
who is usually a member of the Board. The Board has a 
laboratory in connection with the University, and employs 
experts in chemistry, bacteriology, and engineering to aid in 
the work that devolves upon it. 



THE EXECUTIVE DEPARTMENT 67 



SUGGESTIONS AND QUESTIONS. 

1. Compare the qualifications for Governor with those for a mem- 

ber of the Legislature. 

2. Why should the State inquire into the soundness of a bank or a 

trust company, and not into the soundness of a manufacturing 
or mercantile company ? 

3. Why should the State make laws limiting the kinds of work 

children may be employed in, or the number of hours they 
may work ? 

4. Why should the State regulate the charges made by railroad 

companies and not those of merchants ? 

5. Why should the State make it unlawful for a railroad company 

to charge one person more than another for the same service 
when it allows merchants to charge their customers different 
prices ? 

6. There is a good chapter on the State Executive in Bryce, 

"American Commonwealth, ,, Chapter 40. 

7. See the Legislative Manual for information concerning the 

institutions managed by the Board of Control. 

8. It is suggested that brief reports be made on what may be found 

in the Manual and elsewhere on the work of the various de- 
partments described there, as the Dairy and Food Commission, 
and the Commissioner of Insurance. 

9. See the World Almanac for the salaries and length of term of 

the Governors in various States, and make comparisons with 
the Minnesota laws. 
10. In addition to the National Guard the law provides for a Naval 
Militia, which consists of 120 officers and men. The Federal 
government has loaned the United States steamship " Gopher " 
for use as a training ship on the Lakes. 



CHAPTER VII. 

THE JUDICIAL DEPARTMENT. 

Why State Courts are Needed.— The Bill of Rights 
declares : 

Section 8. Every person is entitled to a certain remedy in the laws 
for all injuries or wrongs which he may receive in his person, property 
or character; he ought to obtain justice freely and without purchase; 
completely and without denial; promptly and without delay, conform- 
able to the laws. 

The courts are the means provided for ascertaining whether 
a wrong has been done, and if so, what the proper remedy 
under the law is. It is an important function of the courts to 
"interpret" the law and apply it to cases as they arise. All 
acts of the Legislature under our system must be in accord 
with the fundamental law, the Constitution. It thus fre- 
quently becomes the duty of the courts to determine the 
"constitutionality" of a law. This power of the courts to 
annul acts of the Legislature is one of the peculiarities of 
American government. It has grown out of the fact that 
we have " rigid " written constitutions adopted by the voters 
and made binding on all branches of the government. 
There is the same need for a State system of courts to deal 
with questions arising under State laws as there is for Fed- 
eral courts to try cases arising under Federal laws. 

68 



THE JUDICIAL DEPARTMENT 69 

Classes of Courts. — Article VI, Section 1. The judicial power of the 
State shall be vested in a supreme court, district courts, courts of pro- 
bate, justices of the peace, and such other courts, inferior to the supreme 
court, as the Legislature may from time to time establish by a two- 
thirds vote. 

The Legislature has provided for but one class of courts 
not mentioned in the Constitution, namely, municipal courts 
for all cities and villages of 2000 or more people. 

The Supreme Court ; Jurisdiction, Terms.— This is the 

highest court in the State system. Its decisions are final in 
all cases coming to it except those involving the Federal 
Constitution; such cases may be carried on appeal to the 
Federal courts. 

Article VI, Section 2. The supreme court shall consist of one chief jus- 
tice and two associate justices, but the number of the associate justices 
may be increased to a number not exceeding four, by the Legislature, 
by a two-thirds vote, when it shall be deemed necessary. It shall have 
original jurisdiction in such remedial cases as may be prescribed by law, 
and appellate jurisdiction in all cases, both in law and equity, but there 
shall be no trial by jury in said court. It shall hold one or more terms in 
each year, as the Legislature may direct, at the seat of government, and 
the Legislature may provide, by a two-thirds vote, that one term in each 
year shall be held in each or any judicial district. . . . 

Since 1881 the number of associate justices has been four. 
The original jurisdiction of the court is very limited; but it 
has the power to issue certain writs that will bring cases 
before it in the first instance. For example: An officer re- 
fuses to perform a duty apparently imposed by a law the 
meaning or constitutionality of which is in doubt; the court 
may issue a writ of mandamus against the officer, after 
hearing arguments by counsel in the matter, requiring the 



70 THE GOVERNMENT OF MINNESOTA 

performance of the act. Again, it may issue a writ of quo 
warranto directing an officer whose proper election is in 
doubt to appear before it to show by what authority he is 
performing the duties of his office. But by far the greater 
part of its business is appellate, i. e., consists of cases brought 
on appeal from lower courts. In such cases the questions to 
be settled are those of law, not of fact, and hence the pro- 
vision that no trial shall be by jury. Two general terms are 
held each year at the Capitol, one beginning the first Tues- 
day in April, the other the first Tuesday in October. Special 
terms may also be held. Moreover " decisions may be ren- 
dered and judgment entered thereon in vacation as well as 
in term." 

Officers of the Court. — Article VI, Section 2. ... It shall be the 
duty of such court to appoint a reporter of its decisions. There shall be 
chosen, by the qualified electors of the State, one clerk of the supreme 
court, who shall hold his office for the term of four years, and until his 
successor is duly elected and qualified, and the judges of the supreme 
court, or a majority of them, shall have the power to fill any vacancy in 
the office of clerk of the supreme court until an election can be regularly 
had. 

It is the duty of the reporter to prepare the decisions of the 
court for publication. Each decision, as agreed to by a 
majority of the court, is written out by some member and 
contains a statement of the case and the reasons that have led 
to the conclusion reached. The decisions have the force of 
law and are followed by the judges of the lower courts. The 
law requires that the reporter shall publish the decisions 
under the name of " Minnesota Reports" as fast as volumes 
of not less than six hundred pages can be made up. There 
are now usually four such volumes printed each year. These 



THE JUDICIAL DEPARTMENT 71 

are numbered consecutively and have reached (1909) vol- 
ume 108. The clerk keeps the docket, journal, and other 
records of the court and furnishes at the cost of the State all 
needed supplies. 

Election; Term; Salary. — The mode of election and term 
of office for judges of the supreme court and of the district 
courts are the same and may here be discussed together; and 
for convenience the salaries of judges will also be discussed. 
In order that these features of our judicial system may be 
studied in the light of the experience of other States, a resume 
of Mr. Bryce's discussion of the State judiciaries is here 
given. 1 

During the colonial period the judges were appointed by the Governor 
or by the Legislature, and when the States formed constitutions during 
the Revolutionary period these modes of choice were with one exception 
continued. Georgia alone provided for choice by popular election, 
though later she changed to choice by the Legislature. As the new 
States of the West, where more democratic conditions prevailed, were 
admitted, popular election became the usual method of choosing judges. 
The older States have changed to the less democratic method of choosing 
judges, "while the newer democracies of the West, together with the 
most populous States of the East, New York and Pennsylvania, States 
thoroughly democratized by their great cities, have thrown this grave 
and delicate function into the hands of the masses, that is to say, of the 
wire-pullers." 

The Federal judges are appointed, as judges are in England, for life 
or during good behavior. So it was in the original States; "but the 
wave of democracy has in nearly all States swept away the old system of 
life-tenure. Only four now retain it. In the rest a judge is elected or 
appointed for a term, varying from two years in Vermont to twenty-one 
years in Pennsylvania. Eight to ten years is the average term prescribed. 
But a judge may be re-elected and usually is "if he is not too old, if he 

1 See Bryce's " American Commonwealth," Vol. I, Chapter 42, or the 
abridged edition of the same, Chapter 41. 



72 THE GOVERNMENT OF MINNESOTA 

has given satisfaction to the bar, and if he has not offended the party 
which placed him on the bench." 

The salaries paid vary from $10,000 in New York to $2000 in Oregon 
for the highest offices. The average is about $5000. Salaries now paid 
are generally higher than when Bryce wrote. But he would still prob- 
ably say they are too low to attract the best legal talent. 1 

Any one of the three conditions described — " popular elections, short 
terms, or small salaries — would be sufficient to lower the character of 
the judiciary. Popular elections throw the choice into the hands of 
political parties . . . inclined to use every office as a means of reward- 
ing political service and garrisoning with grateful partisans posts which 
may conceivably become of political importance. Short terms, though 
they afford useful opportunities of getting rid of a man who has proved 
a failure, but done no act justifying removal by impeachment, oblige the 
judge to remember what he is and in whose hands his fortunes lie. Fre- 
quent elections induce timidity and discourage independence. And 
small salaries prevent able men from offering themselves for places the 
income of which is perhaps one-tenth of what a leading attorney can 
make by private practice." 

While Bryce holds that the mischief arising from these conditions is 
serious he finds that the State judiciaries after all keep up to a fair degree 
of efficiency and purity. This is due chiefly to three causes: (1) To the 
fact that judges of the Federal courts, sitting in every State, are usually 
able and upright men, and that they keep the State Judges from losing 
the sense of responsibility and dignity which befits the judicial office 
and make "even party wire-pullers" ashamed to nominate candidates 
who are very bad or very incapable. (2) To the influence of public 
opinion, which demands men of high character in courts and makes it 
to the interest of politicians to put forward worthy men for these offices. 
(3) To the influence of the bar. The lawyers have a great political in- 
fluence, and their professional self-respect leads them to use it to keep 
unworthy judges off the bench. Their influence is usually on the side of 
competence and honesty. These causes go far to nullify what Bryce 
regards as the bad influences of popular elections and short terms. 
A healthier, more alert "public opinion" will make it possible to over- 
come these bad influences still further. 

*See the World Almanac for a comparison of the salaries and the terms 
of judges in the various States. 



THE JUDICIAL DEPARTMENT 73 

We are now ready to examine the provisions of the Con- 
stitution with reference to these points: 

Article VI, Section 3. The judges of the supreme court shall be 
elected by the electors of the State at large, and their term of office shall 
be six years, and until their successors are elected and qualified. . . . 

Section 6. The judges of the supreme and district courts shall be 
men learned in the law, and shall receive such compensation at stated 
times as may be prescribed by the Legislature; which compensation 
shall not be diminished during their continuance in office, but they shall 
receive no other fee or reward for their services. 

It will be seen that the length of term is rather below the 
average for the country; but there is a healthful tendency 
in the State to treat judicial offices as non-political and re- 
elections are frequent. 

The salaries have been rather low, but in 1907 those of district judges 
were raised to $4200. This sum is paid out of the State treasury. 
Each county having a population of 75,000 or more must pay from its 
treasury an additional sum of Si 500 to the judges of the district in which 
it is located. The judges of the supreme court receive $7000 a year. 
The provision that forbids the Legislature to lower the compensation of 
judges during their term of office is intended to render them independent 
of the law-making power. This is the intent also of the provision (Article 
VI, Section 12) that the Legislature may change the number of dis- 
tricts and their boundaries, "but no such change shall vacate the office 
of any judge." But for these safeguards, the Legislature might by a 
political act remove a judge by abolishing his office or reducing his 
salary to such a point that he could not afford to retain it. The Legis- 
lature may remove judges from office, but only by the judicial process 
of impeachment. 

District Courts; Districts; Term; Residence. — Article VI, Section 
4. The State shall be divided by the Legislature into judicial districts, 
which shall be composed of contiguous territory, be bounded by county 
lines, and contain a population as nearly equal as may be practicable. 
In each judicial district one or more judges, as the Legislature may pre- 



74 THE GOVERNMENT OF MINNESOTA 

scribe, shall be elected by the electors thereof, whose term of office shall 
be six years, and each of said judges shall severally have and exercise 
the powers of the court, under such limitations as may be prescribed by 
law. Every district judge shall, at the time of his election, be a resident 
of the district for which he shall be elected, and shall reside therein 
during his continuance in office. . . . 

The number of districts has been increased with the 
growth of the State. As fixed by the Legislature of 1907 there 
are nineteen. The requirement that the districts shall a be 
bounded by county lines" prevents the division of a county 
and makes the rule of equal population hard to follow. This 
inequality is remedied by providing more than one judge in 
the populous districts. About half the districts have but one 
judge, several have two each, while the second and fourth, 
the one embracing Ramsey County and the other Hennepin 
County, each require six judges to transact the business. 

Jurisdiction. — Article VI, Section 5. The district courts shall have 
original jurisdiction in all civil cases, both in law and equity, where the 
amount in controversy exceeds one hundred dollars, and in all criminal 
cases where the punishment shall exceed three months' imprisonment or 
a fine of more than one hundred dollars, and shall have such appellate 
jurisdiction as may be prescribed by law. The Legislature may provide 
by law that the judge of one district may discharge the duties of judge 
of any other district not his own, when convenience or the public inter- 
est may require it. 

Civil cases are actions brought in the courts to enforce a 
right or redress a wrong to a person. The parties may be 
natural persons, or artificial persons, i. e., those created by law, 
as corporations. These include not only business corpora- 
tions but corporations created for governmental purposes as 
well, such as municipalities, school districts, and the like. 



THE JUDICIAL DEPARTMENT 75 

Criminal cases "are instituted by the State for an offence to 
the community or society." 

The law defines a crime as "an act or omission forbidden by law, and 
punishable upon conviction by death, imprisonment, fine or other penal 
discipline. Every crime which may be punished by death, or by impris- 
onment in the State prison or State reformatory, is a felony. Every crime 
punishable by fine not exceeding one hundred dollars, or by imprison- 
ment in jail for not more than ninety days, is a misdemeanor. Every 
other crime is a gross misdemeanor." x 

However injurious an act or an omission may be to the community, it 
is not criminal unless so declared by statute. Thus a few years ago 
public attention was called to the fact that in several of the States there 
was no law defining and fixing penalties for kidnapping. In such States 
a kidnapper could not be punished for one of the gravest of wrongs till 
the laws made the act a crime. It should be kept in mind that in the 
legal sense a crime is "the wilful doing of an act which is forbidden by 
a law or omitting to do what it commands." 

"Law and Equity" — In some States there are separate 
courts, quite distinct from "law courts," for trying certain 
civil suits known as "equity cases." The Minnesota courts, 
both district and supreme, have jurisdiction in both kinds of 
suits; and the law requires that the forms for all kinds of civil 
actions shall be the same whether of law or equity. 

"Equity" practice grew up in England and was adopted in America, 
as a means of dealing with cases where there was no law to fit the case 
or where the remedy given by law was inadequate; hence it is said that 
the "object of equity is to supply the manifold deficiencies of the law." 
Where the law does give a remedy it is in precise terms, and if inflexibly 
applied, as is done in "law cases," it may do an injustice. It must not 
be supposed that judges sitting in equity are not bound by the law. 
They are. Neither kind of court can give relief unless the party seeking 
it has a legal or equitable right to it. But courts of law can do no more 

1 Revised Laws of 1905, Section 4747. 



76 THE GOVERNMENT OF MINNESOTA 

than give a party a judgment for money damages, no matter what injury 
he has suffered; while courts of equity by their judgments compel parties 
to do what is just and equitable. For example, if one party to a con- 
tract breaks it, a court of law would only determine the money damages 
resulting therefrom and give judgment for the amount; a court of equity, 
if justice requires it, would compel the performance of the contract. 

Appellate jurisdiction of the district courts extends to cases 
carried "on appeal" from the justice's, municipal, and pro- 
bate courts. The provision for permitting the judge of one 
district to discharge the duties of judge in another is intended 
(i) to prevent delays in court affairs through the sickness or 
similar disability of the judge; and (2) to prevent a judge 
from sitting in cases in which he is interested financially or 
through personal relations. Other safeguards are provided 
to secure impartial courts. The judges are forbidden to prac- 
tise law, or receive any fees for legal services, or even to 
be partners of practising attorneys. Provision is also made 
(Article VI, Section 3) for appointing district judges to sit in 
the supreme court whenever a majority of the judges of that 
court are disqualified to sit. Such assignment of judges to 
the supreme court and to the district court is made by the 
Governor. 1 

Officers. — The chief officers of the district court are (1) the clerk re- 
quired to be elected in each county, who keeps a record of the proceed- 
ings of the court, administers oaths, has charge of all papers filed, and 

1 A notable case came before the Supreme Court in 1908 which required 
the appointment of an entirely new temporary court. Francis B. Hart, an 
attorney in Minneapolis who had long practised before the court, made public 
charges reflecting upon the integrity or ability of the court because of certain 
decisions rendered. The State board of bar examiners brought suit before 
the court to disbar Hart from practise in the court. As all the judges were 
deemed to be personally interested in the case, the Governor appointed five 
district judges to try it. Hart was disbarred for a period of six months. 



THE JUDICIAL DEPARTMENT 77 

keeps a record of all judgments reached; (2) the county attorney, who is 
the public prosecutor in criminal actions and has charge of civil actions 
to which the county is a party; (3) a reporter appointed by the judge, 
to make a stenographic record of the testimony given by witnesses and 
to act as secretary of the judge in official matters; and (4) the sheriff, 
who attends the terms of the court, serves its writs, such as subpoenas 
for witnesses and the summons for jurors, and executes the orders of the 
court. Much of his work is done by deputy. 

The Grand Jury. — The Constitution formerly provided 
(Article I, Section 7) that "no person shall be held to answer 
for a criminal offense unless on the presentment or indictment 
of a grand jury," with certain exceptions, as in impeachment 
cases, minor cases before a justice court, or in cases arising 
in the military service in time of war or time of public danger. 
This section was amended in 1904 so as to read: "No person 
shall be held to answer for a criminal offense without due 
process of law." It is thus in the power of the Legislature to 
abolish the grand-jury system, and bills have been introduced 
for that purpose. The reasons urged against the system are 
that it is a costly, cumbersome, and ineffective method of 
bringing offenders to the bar. It is held that the county attor- 
ney as public prosecutor could do the work of the grand jury 
more cheaply and expeditiously than it can; but as yet this 
ancient institution remains a part of our criminal procedure. 
It has some minor duties to perform not connected with the 
court, such as the inspection of the county poorhouse and the 
jail; but its chief duties are connected with the detection 
and punishment of crime. 

"A grand jury is a body of men returned at stated periods from the 
citizens of the county before a court of competent jurisdiction, chosen 
by lot, and sworn to inquire as to public offenses committed or triable 



78 THE GOVERNMENT OF MINNESOTA 

in the county. It shall consist of not more than twenty-three nor less 
than sixteen persons and shall not proceed to any business unless at least 
sixteen members be present." l 

The grand jury is chosen in the following manner: The county com- 
missioners at their January meeting make a grand-jury list of seventy- 
two voters of the county; fifteen days before the convening of a term of 
the district court, unless otherwise directed by the judge, the clerk of the 
district court, in the presence of the sheriff and a justice of the peace or 
district judge, draws from this list by lot the names of twenty-three per- 
sons to serve as grand jurors at the coming term; these constitute the 
"venire," so called from the name of the writ (venire facias) command- 
ing the sheriff to summon the persons named in the writ to attend court 
on the opening day. Refusal or neglect to obey this summons constitutes 
contempt of court and is punishable by fine or imprisonment. Some of 
these may be excused on account of sickness or because exempted by law. 
If sixteen or more are eligible and are found to have been duly selected, 
they are sworn in, and constitute the grand jury for the term. 

The grand jury is required to "inquire into all public offenses com- 
mitted or triable in the county, and report them to the court by present- 
ment or indictment. Upon such inquiry, if, from the evidence, the grand 
jury believe the person charged to be guilty of that or any other public 
offense, they shall find an indictment against him; but if they only be- 
lieve that he is probably guilty, they shall proceed by presentment" 
Both forms of accusation require the concurrence of twelve jurors. The 
indictment is the more formal and specific form, and also the more 
usual. Each indictment indorsed as "a true bill" is presented to the 
court by the foreman, in the presence of the grand jury, as soon as agreed 
upon. Secrecy is required until the person charged shall have been 
arrested. When its work is finished the jury is discharged by the court, 
usually before the end of the term. It is upon the evidence presented by 
the grand jury that accused persons are arrested; or, if already under 
arrest, are arraigned and brought to trial. The work of the grand jury 
is, therefore, preparatory to the trying of a criminal action. 

The Petit Jury.— The Bill of Rights provides, Section 4, that "the 
right of trial by jury shall remain inviolate, and shall extend to all cases 
at law without regard to the amount in controversy, but a jury trial may 

1 Revised Laws, Section 5261. 



THE JUDICIAL DEPARTMENT 79 

be waived by the parties in all cases, in the manner prescribed by law; 
and the Legislature may provide that the agreement of five-sixths of 
any jury in any civil action or proceeding, after not less than six hours' 
deliberation, shall be a sufficient verdict therein." 

The jury here referred to, consisting of twelve men, is called 
a " petit jury" in contradistinction to the larger " grand 
jury." It is also called a " trial jury" because of its function. 
The grand jury accuses; the petit jury determines questions 
of fact " according to law and the evidence as given them in 
court," and pronounces upon the guilt or innocence of the 
accused. The petit jury is employed also in many but not all 
civil cases. It is sometimes employed in a municipal or a 
justice's court, but never in the supreme court. The decision 
reached on the questions submitted to it is its "verdict." 
The Legislature has never provided for a verdict by agreement 
of five-sixths of the jury. A single member may "hang a 
jury" ; the verdict must be unanimous. 

The petit jury list and the venire are secured in the same way as are 
those for a grand jury. The county commissioners make a petit jury 
list, usually of seventy-two qualified persons, shortly before a term of 
court. Unless otherwise ordered by the judge, the clerk draws from 
twenty-four to thirty-six names by lot from the list; the persons whose 
names are drawn are summoned by the sheriff to appear on the second 
day of the term and constitute the "venire." When a jury case is called, 
the first step is to select a trial jury. The clerk draws the names of per- 
sons from a ballot-box in which they have been deposited till twelve 
have been accepted. As each party in the suit has the right to object to 
a certain number of jurors without giving reason, and each may show 
good reason for excusing others, the whole "venire" may be exhausted 
before a jury is secured; whereupon the judge may cause jurors to be 
called from among the bystanders till enough are secured. Persons so 
selected are called talesmen. Or in case of a great deficiency of jurors 
for any reason, the court may order a special venire. The sheriff then 
summons the specified number of persons from the county at large to 



80 THE GOVERNMENT OF MINNESOTA 

appear for jury service. Persons so selected from the county at large 
constitute a special venire. When twelve men have been accepted and 
sworn, they constitute the petit jury for the case. The process of select- 
ing them is called " impanelling " and they are often called the "panel." 

Courts of Justices of the Peace. — The office of justice of 
the peace is an ancient one, inherited, like most of our local 
offices, from the English. It forms an essential part of the 
judicial system. 

Article VI, Section 8. The Legislature shall provide for the election 
of a sufficient number of justices of the peace in each county, whose 
term of office shall be two years, and whose duties and compensation 
shall be prescribed by law. Provided, that no justice of the peace shall 
have jurisdiction of any civil cause where the amount in controversy 
shall exceed one hundred dollars, nor in a criminal cause where the 
punishment shall exceed three months' imprisonment, or a fine over one 
hundred dollars, nor in any cause involving the title to real estate. 

The Legislature requires the election of two justices for 
each town, and two for each village not having a municipal 
court. The law excludes certain cases from the jurisdiction of 
justices' courts, such as those involving the title to real estate, 
prosecutions for false imprisonment, libel, slander, and those 
against guardians, executors, or administrators, as such. 
Criminal jurisdiction is limited to petty offences, as breach of 
the peace, assault and battery, and petit larceny. Persons 
charged with any criminal offence, however, may be brought 
before the court and committed to jail or bail as the case may 
require. Both civil and criminal cases may be tried by jury, 
but in civil cases the jury may, on agreement of the parties, 
consist of six persons. 

Municipal Courts. — These courts correspond to the jus- 
tices' courts of the towns and small villages. Many cities 



THE JUDICIAL DEPARTMENT 81 

have municipal courts established by special acts of the Leg- 
islature, and the jurisdiction of these varies considerably. 
The Revised Laws of 1905 establish municipal courts for all 
cities, and for all incorporated villages having a population 
of 2000. The jurisdiction of these courts is the same as that 
of the justices' courts except that in civil actions it extends to 
cases involving $500. The jurisdiction of such courts is co- 
extensive with the county in which they are situated; and 
cases arising in a city or village having such a court cannot be 
taken before a justice of the peace. 

The Probate Court. — This court with jurisdiction over 
a special class of cases is authorized by the Constitution and 
established by law. 

Article VI, Section 7. There shall be established in each organized 
county in the State a probate court, which shall be a court of record, and 
be held at such time and places as may be prescribed by law. It shall 
be held by one judge, who shall be elected by the voters of the county 
for the term of two years. He shall be a resident of such county at the 
time of his election, and reside therein during his continuance in office; 
and his compensation shall be provided by law. He may appoint his 
own clerk where none has been elected; but the Legislature may author- 
ize the election, by the electors of any county, of one clerk or register of 
probate for such county, whose powers, duties, term of office and com- 
pensation shall be prescribed by law. A probate court shall have juris- 
diction over the estates of deceased persons and persons under guardian- 
ship, but no other jurisdiction, except as prescribed by this Constitution. 

The law requires that the office of the judge of probate shall be kept 
open at the county seat at all reasonable hours, but court may be held 
at other places in the county at the discretion of the judge. The salaries 
of judges vary greatly from $300 to $4500, according to the population 
of the county. 

The principal work of the court is to settle the estates of deceased 
persons. Heirs to such estates can secure titles to their property only 



82 THE GOVERNMENT OF MINNESOTA 

through proceedings in this court. It is the business of the court to settle 
all claims against such estates and divide the remaining property among 
the lawful claimants. In case a will has been made, it is admitted to 
probate and the executor named in it, if any, is authorized by " letters 
testamentary" of the court to dispose of the property as provided in the 
will; or, in case no executor is named, the court grants "letters of admin- 
istration " with the will annexed, to a suitable person who proceeds to 
execute the will. In case there is no will, the court, upon application of 
an interested party, grants letters of administration to a suitable person, 
who thus gets authority to control and dispose of the property according 
to law. Such a person is called the administrator. 

The court may appoint a guardian for either the person or the estate 
of a minor when none has been appointed by will. The power of this 
court to appoint guardians extends to the cases of persons who by reason 
of old age or imperfection of mental faculties are incompetent to manage 
their estates; and to the case of "one who by excessive drinking, gam- 
bling, idleness or debauchery so spends or wastes his estate as to be 
likely to expose himself or his family to want or suffering.' ' * 

On petition the court may order an inquiry as to the sanity of persons 
alleged to be insane, and upon proof of insanity may commit them to a 
hospital for the insane. The orders of the court are not final, but in 
nearly all cases are subject to review by the district court. 

Juvenile Courts. — A great and beneficent change has 
been introduced in recent years in the method of dealing with 
juvenile offenders. Formerly when an offence against the law 
was committed by a child he was brought into the ordinary 
court having jurisdiction over the matter and tried under the 
same forms and sentenced in the same way an adult criminal 
would be. In 1905 the Legislature passed an act providing 
that in counties having 50,000 population or more one or 
more of the judges of the district court should be assigned to 
hear all cases affecting delinquent children under seventeen 
years of age. Such children in the three most populous 

1 Revised Laws, 1905, Section 3836. 



THE JUDICIAL DEPARTMENT 83 

counties in the State cannot now be taken before a justice of 
the peace or a municipal court as formerly they could. The 
judge assigned to such work has a special chamber called the 
" juvenile court room" where he hears cases, usually without 
any of the legal procedure followed in criminal cases. He 
advises and admonishes; he seeks as a good parent would 
to appeal to the better nature of the accused; he tries to 
create proper surroundings for the child, and to this end he is 
empowered to place him under the guardianship and advice 
of a " probation officer." In the great majority of cases no 
punishment is administered. The whole idea of the juvenile 
court is to prevent wayward children from passing into the 
criminal class. It is only when the parental treatment of the 
judge and the probation officer fails that they are sent to the 
Training School; and even there, while the discipline is stern, 
the dominant idea is reform rather than punishment. 

The same policy is followed by some municipal judges that 
is followed in the juvenile courts, though the law does not 
provide for any probation officers in any but the three largest 
counties. It has been proposed to extend the system of juve- 
nile courts to all the counties in the State, making the judge 
of probate the judge in such courts. 1 

SUGGESTIONS AND QUESTIONS. 

1. What is the average time served in your district by those who 

have been elected district judges? See the lists of judges in 
the Legislative Manual. 

2. Why should there not be the same sort of care taken to secure 

disinterested persons to sit in the Legislature as is taken to 
secure disinterested judges on the bench ? 

1 Judge G. M. Orr, of St. Paul, "Proceedings of the Fifteenth State Con- 
ference of Charities and Corrections," p. 31. 



84 THE GOVERNMENT OF MINNESOTA 

3. Make inquiry as to the advantages and disadvantages of trial 

by jury. 

4. Certain classes are by law (Revised Laws of 1905, Section 5263) 

exempted from service on the grand and petit juries. What 
are these classes? 

5. Is there a possibility for a county board to " pack " the grand 

jury? Illustrate. Do you know whether it is ever done? 
If so, what is the remedy ? 

6. What are the arguments for and against the abolition of the 

grand-jury system? 

7. Debate the question : Should judges of the supreme and district 

courts be appointed by the Governor with the consent of the 
Senate? 

8. Should the length of term for judges be increased? 

9. Secure blank forms for a "summons," "subpoena," venire 

facias, etc. 
10. Could the Legislature make a law giving judges of probate juris- 
diction over juvenile offenders as suggested in the closing 
paragraph ? See Article VI, Section 7. 



CHAPTER VIII. 

THE LOCAL GOVERNMENTS. 

Character and Importance. — Thus far we have studied 
the machinery of State government, controlled by officers 
acting for the whole State; but there are many other public 
officers chosen in particular localities for performing certain 
services through their " local governments." These local 
governments are the county, the town, the village, the city, 
and the school district. 

Before describing these governments in detail, something should be 
said of their general character and importance. First of all they differ 
from the State government in respect to their origin. The people of 
Minnesota framed their Constitution defining the powers of the different 
officers and departments, and with it were admitted into the Union on 
an equal footing with the older States. No one else could have framed 
their Constitution for them and no one could have compelled them to 
frame it. The people of a local community within the State have no such 
inherent power to frame a government or determine the limits of its 
power; and the people of the whole State may compel the organization 
of local governments whether the community wants them or not. Again, 
the powers of the State are general, i. e., it can exercise all the powers 
any government can except those delegated to the Federal government 
or denied to it by the Federal Constitution framed by the original States. 
The powers of the local governments are, on the other hand, delegated to 
them by the State, and can be changed or taken away by it. These gov- 
ernments can do only those things they are directly authorized by a 
power above them to do. 

When we speak of the "right of local self-government," therefore, we 
mean the right the people of the whole State have of "decentralizing" 

85 



86 THE GOVERNMENT OF MINNESOTA 

authority, i. e., of distributing it, among certain groups of them; we do 
not mean that it is a right which any community can claim for itself as 
against the whole State. But it is one of the chief features of American 
government, and one of its great blessings, that the local governments 
are allowed to exercise much authority that in other countries is "cen- 
tralized" in a higher government. The local governments, it should be 
noted, serve a double purpose: (i) they do many things simply to pro- 
mote the welfare of the community; and (2) they do many other things 
as a duty imposed upon them by law, for the whole State. Thus it is 
a matter of purely local concern whether a village has sidewalks, and 
whether bicyclists ride upon them, or whether in a town there shall be 
a town hall; and such matters are left to the local governments to de- 
termine as they see fit. But the State requires some local machinery for 
collecting its taxes, enforcing health laws, maintaining the peace, admin- 
istering justice, and the like; and the duty of performing these services 
for the State is imposed on the local governments whether they want to 
perform them or not. 

I. The County. 

Constitutional Provisions. — The people who settled 
Minnesota Territory had in their homes in the East been 
familiar with various forms of local government. Their ex- 
perience taught them that they needed to organize themselves 
into counties for certain purposes, into towns for other pur- 
poses, and into cities for still others. Thus while still a Ter- 
ritory the inhabited portions of Minnesota were divided into 
counties. In 1858, at the time of admission into the Union, 
there were forty-six counties. The Constitution authorized 
the Legislature "to establish and organize new counties"; 
but it provided that no law changing the boundaries of any 
organized county could become effective till after it had been 
submitted to the people of the county or counties affected, at 
the next election after its passage. The Constitution also 
provided that no new county formed should contain less than 



THE LOCAL GOVERNMENTS 87 

400 square miles, and in forming such county, the county or 
counties from which it is carved should not be reduced to less 
than 400 square miles (Article XI, Section 1). For a long 
time the Legislature took the initiative in establishing new 
counties; but the law now leaves to the people the taking of 
the first step. The law requires that the population of a pro- 
posed new county shall be at least 2000, and an old county 
may not have its population reduced to less than 2000 by the 
formation of a new one. 

New counties are now formed in the following manner: (1) Not less 
than ninety days before a general election a petition signed by a number 
of voters in the county from which the proposed county is to be carved, 
equal to at least 25 per cent, of those voting at the last election, is filed 
with the Secretary of State. This petition asks for the establishment of 
a county within the boundaries described, names the proposed county, 
locates the seat of government for it, and names "the persons who shall 
constitute the first county board." (2) The Secretary of State being sat- 
isfied as to the character and number of the signers notifies the Governor 
who, within thirty days after the filing of the petition, issues a procla- 
mation directing that the question of establishing the county be sub- 
mitted to the voters at the next election. (3) The Secretary of State 
notifies the auditor of the county affected by the proposed change, and 
he places the question on the ballots in such a way that voters may vote 
"yes" or "no" on the proposition. (4) Returns of this election are sent 
to the Secretary of State; and if it appears that the proposition has re- 
ceived a majority of the votes cast thereon, the Governor within ten days 
proclaims the same adopted and the Secretary of State so notifies the 
auditor of the parent county. (5) The auditor notifies the persons named 
in the original petition to constitute the first board of commissioners, of 
their election; they at once meet at the place named as the county seat 
and qualify. "Said board shall elect one of its members to act as clerk 
until the Auditor shall have qualified. They shall then appoint the 
county officers, beginning with the Auditor, and the persons so appointed 
shall qualify as required by law." If the county is composed of territory 
taken from two or more counties there must be a separate petition from 



88 THE GOVERNMENT OF MINNESOTA 

each county, the proposition must be submitted to the voters of each 
county, and it must receive a majority vote in each. 1 

The powers and duties of counties are fixed by law as follows: 
"Each organized county is a body politic and corporate, and as such 
empowered to act for the following purposes: i. To sue and be sued. 
2. To acquire and hold real and personal property for the use of the 
county, and lands sold for taxes, as provided by law, and to purchase and 
hold, for the benefit of the county, real estate sold by virtue of judicial 
proceedings to which the county is a party. 3. To sell, lease, and convey 
any real or personal estate owned by the county, and make such order 
respecting the same as may be deemed conducive to the interests of its 
inhabitants. 4. To make all contracts and do all other acts in relation 
to the property and concerns of the county necessary to the exercise 
of its corporate powers." 2 

Government of the County. — Besides these powers 
defining the general character of the county, many others, as 
we shall see, are vested in the several officers provided by law. 

The County Board. — Each county has a board of com- 
missioners. It is composed of one member from each of the 
commissioner districts into which the county is divided. 
The number of districts is usually five; but in case of coun- 
ties having over 75,000 population and more than 5000 square 
miles there are seven. Each commissioner is chosen by the 
voters of his district for a term of four years. Vacancies are 
filled by a " board of appointment" composed of the chair- 
man of the town board of each town and of the mayor or 
president of each city or village in the district; except that 
when the district lies wholly within a city the council fills the 
vacancy. The salary varies according to the assessed valua- 
tion of property in the counties. There are two regular stated 

1 Revised Laws of 1905, Sections 380 to 388. 

2 Revised Laws of 1905, Section 409. 



THE LOCAL GOVERNMENTS 89 

meetings, one in January and one in July, and extra sessions 
may be called by a majority of the board. No session may 
continue longer than six days. 

The powers of the board are both legislative and executive. 
It levies taxes; makes appropriations for various purposes; 
organizes towns and school districts, and vacates and changes 
the boundaries of the same; makes provision for the care of 
the poor; grants licenses for the sale of liquors outside of 
villages and cities; establishes and maintains county roads 
and bridges; gives franchises to street-railways to use roads, 
outside villages and cities; furnishes lists of grand and petit 
jurors; authorizes, erects, and maintains all county buildings; 
and examines and allows claims against the county. It exam- 
ines twice a year the accounts of the treasurer and the auditor, 
and once each year, in January, makes public a full state- 
ment of the receipts and expenditures and the liabilities and 
assets of the county; approves of the bonds of various county 
officers; fills vacancies occurring in most of the county offices; 
acts as county board of equalization; and it exercises other 
powers not mentioned here. In the exercise of all of its 
powers the board is rather closely limited by the State laws. 
Thus, it may levy taxes, but it can do so only for the purposes 
specifically authorized by law, and a limit is placed upon the 
amount of the levy in any year. The board may borrow, but 
usually the law fixes the limit of the debt that can be created 
and often requires the submission of the question of borrow- 
ing to a referendum vote. 

The Auditor has duties more varied than any other county 
officer. He has appropriately been called the book-keeper of 



90 THE GOVERNMENT OF MINNESOTA 

the county. He is ex officio clerk of the county board, keeps 
a record of its proceedings, and at each regular meeting re- 
ports to it the condition of the county's funds. He is charged 
with many duties in connection with elections and with the 
assessment and collection of taxes, to be discussed in con- 
nection with those subjects. He has also many miscellaneous 
duties, such as issuing auctioneers' and hunters' licenses, 
paying wolf bounties, correcting militia lists, and the like. 
He is constantly brought into contact with town officers on 
the one hand, and with State officers on the other. His salary 
is regulated by the assessed valuation of property in the county. 

The Treasurer is the keeper of the funds of the county. 
Indeed, as tax collector, he receives the taxes levied for State, 
town, village, and city purposes as well as for county purposes. 
His bond is, therefore, fixed by the county board higher than 
that of any other county officer. Many other safeguards are 
placed about the public funds in his charge. The auditor's 
accounts are a check upon the treasurer. Each county has a 
" board of auditors," composed of the chairman of the county 
board, the auditor, and the clerk of the district court; and 
this board is required to examine and audit the accounts and 
books of the treasurer "at least three times a year, without 
previous notice to the treasurer." Moreover, the law requires 
that the funds shall be deposited in one or more banks as soon 
as received, the deposit to be made in the name of the county, 
not that of the treasurer. The "board of auditors" deter- 
mines what banks shall receive such deposits, taking into 
account the security for safe keeping and the rate of interest 
that will be paid on monthly balances. In case of the failure 



THE LOCAL GOVERNMENTS 91 

of a bank so designated the treasurer and his sureties are of 
course relieved from liability for loss to the county. The 
State does not leave the management of the public funds to 
the local officers alone, but makes it the duty of the public 
examiner to make a careful inspection of the treasurer's books 
as well as prescribe the form in which they shall be kept. 
The treasurer may not pay out any county money except 
upon the warrant of the county board, attested by the auditor, 
except when the law fixes the amount to be paid, and then 
only on the order of the auditor. He is required by law to 
transfer at stated times the moneys he has collected for State, 
town, or village purposes to the treasurers of those govern- 
ments. The operations of the treasurer's office will be dis- 
cussed more fully in the chapter on the public revenue. 

The Register of Deeds has for his chief duty, as his title 
implies, the keeping of a record of all transfers of real estate 
in the county. This is a service performed for the owners of 
land by every State. In some States the records are kept by 
the auditor or the clerk; and in some of the New England 
States by the town clerk. Minnesota, like many other 
States, has a special officer in each county for carrying out the 
law in respect to the registration of deeds and other impor- 
tant documents. 

The State does not attempt to keep a record of the transfers of per- 
sonal property; such a service it would be impossible to render even if 
desirable. Two men may swap horses, and no one concerns himself with 
the formalities of the transfer. But land being a form of wealth of great 
permanence, the legal title to it often becomes an important question 
years after a transfer has been made. There have, e. g., been many law- 
suits over the ownership of land in the heart of a great city because of 



92 THE GOVERNMENT OF MINNESOTA 

a "defective title" given when the land was of little value. Moreover, 
but for a record which all have access to, a man might readily sell a piece 
of land to several different persons and no one be the wiser till, perhaps 
years after, the land came to be actually occupied. For these reasons, 
therefore, and others, the law requires the conveyance of real estate to 
be made in writing, and the act to be acknowledged before a notary pub- 
lic; and "every conveyance of real estate shall be recorded in the office 
of the register of deeds of the county where such real estate is situated; 
and every such conveyance not so recorded shall be void as against any 
subsequent purchaser in good faith ... of the same real estate." 

Of the many forms of conveyance of real estate but three will be men- 
tioned here: (i) The warranty deed conveys the title to the property 
described in it and warrants and defends the title against all persons 
who may lawfully claim the property. (2) A quit-claim deed does not guar- 
antee the right of the grantor to give a good title to the land, but only 
conveys such rights to it as the grantor may have. If there is any defect 
of title the grantee has no right to recover any part of the price paid. 
(3) A mortgage deed is given when a man wishes to borrow money on his 
land for security. The mortgageor conveys the land to the mortgagee, but 
the conveyance has a provision that it shall become void if the mortgageor 
pays the money at the time fixed in the mortgage. The mortgage is thus 
an incumbrance on the property. The register of deeds records the 
mortgage when it is filed with him and thus protects the rights of the 
mortgagee; he also records the "acknowledgment of satisfaction" of 
the mortgage when filed with him. Chattel mortgages are filed with the 
town clerk. 

The register is required to make out an "abstract of title" for any 
tract of land when so requested; but the county board has a right to 
authorize the use of rooms in the court-house for an abstracter, not a 
county officer; and such abstracter may charge fees for his services equal 
to those the register may charge. The abstract shows in convenient form 
all the transfers of the property, the incumbrances that have been upon 
it, when removed, etc. The register also records the official bonds of the 
other county officers (his own is filed with the clerk), and records brands 
used for marking of cattle, liens, plats, and incorporation papers. 

The Sheriff has been spoken of as "a county officer repre- 
senting the executive power of the State within his county''; 



THE LOCAL GOVERNMENTS 93 

and, while this describes other county officers as well, it ap- 
plies particularly to the sheriff, for he is in a peculiar degree 
the agent of the State government rather than of the county. 
The law provides that he 

"shall keep and preserve the peace of his county, for which purpose he 
may call to his aid such persons or power of his county as he deems 
necessary. He shall also pursue and apprehend all felons, execute all 
processes, writs, precepts, and orders issued or made by lawful authority, 
and to him delivered, attend upon the terms of the district court, and 
perform all the duties pertaining to his office." 

Persons called to the aid of the sheriff constitute the posse 
comitatus, or " power of the county"; and such persons are 
bound to obey. The sheriff has charge of the jail and is 
responsible for the keeping of prisoners committed to it. His 
duties in connection with the court are numerous. He or his 
deputy serves writs summoning jurors and witnesses; he 
opens the court each day; and, more important, he executes 
the orders and decrees of the court. He takes persons sen- 
tenced to the penitentiary or the reformatory to those places; 
if property is to be sold to satisfy a judgment the sheriff con- 
ducts the sale and pays the proceeds to the proper person. 
The large power given him is liable to misuse, and the law, 
therefore, fixes his bond at not less than $5000 and the 
county board may make it more. The bond requires not only 
that he shall perform the duties of his office, but that he shall 
do this "without fraud, deceit, or oppression"; and he is 
made liable for damages done by his neglect or misconduct. 

The County Attorney is the legal adviser of the other 
county officers, and appears for the county in all cases in 



94 THE GOVERNMENT OF MINNESOTA 

which it is a party. He is the public prosecutor. He attends 
all terms of the district court in his county, and, on request of 
any other court having criminal jurisdiction, when persons 
charged with crime are undergoing a " preliminary examina- 
tion," i. e. } an examination to determine whether such per- 
sons shall be "bound over" to appear before the district 
court. At the request of the coroner he must attend inquests, 
and when requested by a grand jury he must attend its ses- 
sions, examine witnesses, "draw indictments and present- 
ments found by the grand jury, and prosecute the same . . . 
in the district court." He is sometimes called the "prosecut- 
ing attorney" ; and because he represents the State in securing 
justice, he is called the "State's Attorney." In case the attor- 
ney-general begins suit in any county, the county attorney 
must on request appear for the State; and, on the other hand, 
the county attorney may call upon the attorney-general to 
appear in criminal cases in his county. Each year the county 
attorney makes a report to the attorney-general of the work 
of his office. If the grand-jury system should ever be abol- 
ished in this State the importance of the public prosecutor 
will be very greatly increased. 

The Clerk of the District Court. — As indicated by his 
title this officer's duties are primarily those relating to the 
district court. There is such a clerk in each county, elected 
by the people for four years; but vacancies are filled by the 
judge. He attends the sessions of the court; keeps a record 
of all the proceedings, but not of the testimony taken; draws 
the names of jurors for the trial jury; usually administers the 
oath to jurors and to witnesses; issues subpoenas for wit- 



THE LOCAL GOVERNMENTS 95 

nesses; keeps a register of all cases tried, and of all judg- 
ments of the court. Some of his duties are unrelated to the 
court. He issues marriage licenses, is a member of the board 
of auditors, of the county board of equalization, and of the 
county canvassing board. He is forbidden by law to practise 
in the court of which he is clerk. 

A Court Commissioner is chosen in each county, but the 
office may be held at the same time by the judge of probate. 
" Court commissioners shall have and may exercise the judi- 
cial powers of a judge of the district court at chambers." 

The Coroner. — This officer " shall hold inquests upon the 
dead bodies of such persons only as are supposed to have 
come to their death by violence, and not when death is believed 
to have been and was evidently occasioned by casualty." 
The inquiry is held before "six good and lawful men" sum- 
moned at the command of the coroner by a constable, and 
they are sworn to make a true finding. The county attorney 
examines the witnesses, who may be subpoenaed by the coro- 
ner. If the jury find that murder has been committed the 
coroner may direct the arrest of the murderer if known. When 
the sheriff for any reason is incapacitated for any duty of his 
office, or when a vacancy occurs in the office, the coroner 
assumes all the powers and duties of the sheriff; and he may 
in the absence of the judge of probate commit insane persons 
to the hospital. 

The Surveyor is chosen for two years and receives a per 
diem of $4 when employed in performance of his duties. 
"He shall make all surveys within his county ordered by any 



96 THE GOVERNMENT OF MINNESOTA 

court, public board, or officer, or required by any person." 
He is required to keep a correct record of all surveys made, 
and leave the same with his field notes on file in his office. 

The County Superintendent is charged with the super- 
vision of the common schools. His duties are described in 
the chapter on the School System. 

Term, Bond, Salary. — All the elective county officers are 
chosen for a term of two years except the members of the 
county board, the court commissioner, and the clerk of the 
district court, who are chosen for four years. All except the 
superintendent must give bond for the faithful performance 
of their duties. This bond is fixed by the county board 
within the limits prescribed by State law, and varies with the 
liability of the officer to injure the county financially by im- 
proper conduct. Thus the treasurer gives the largest bond 
required in any particular county. The amount fixed by the 
board varies in the different counties. Salaries likewise vary 
in the counties. It is usual for the law to fix a minimum and 
a maximum remuneration and leave it to the board to deter- 
mine the salary within those limits. 

County Finances.— The counties of the State raised by 
taxation for county purposes in 1906, $3,711,877.85. Of this 
sum about one-seventh was for roads and bridges, about one- 
twelfth for the care of the poor, and the remainder for the 
" revenue fund." Into this fund are also paid a part of the 
interest on county balances in the banks, part of the penalties 
for delayed payment of taxes, and part of the sums received 
for liquor licenses granted to places outside of villages and 



THE LOCAL GOVERNMENTS 97 

cities; also certain fees and the sums received for auction- 
eers' licenses. The largest items paid out of the revenue fund 
are the salaries of officers, court expenses, election expenses, 
maintenance of court-house and jail, board of prisoners, and 
office supplies and printing. Besides the sums mentioned 
many fees are collected by various county officers which do 
not pass through the hands of the treasurer, but are retained 
as payment of salaries. This is especially true of the clerk, 
sheriff, and register of deeds. 

SUGGESTIONS AND QUESTIONS. 

1. Much information about counties may be gotten from the 

Legislative Manual. The best source of information, how- 
ever, for your own county is the " proceedings " published from 
time to time in the " official paper " of the county. See also 
McVey's " Government of Minnesota," and Young's " Govern- 
ment of the People of the State of Minnesota." 

2. What is the "official paper" of a county? How is it made 

official? Do you know of any rivalry in the matter? 

3. What advantages are there in having commissioner districts? 

What are the disadvantages? 

4. Is there any reason why the term of the clerk of the district 

court should be longer than that of the county treasurer? 

5. Make a table containing a list of the county offices and such 

items of information as term, salary, vacancies, how filled, etc. 

6. Do county officials have any duties to perform relating to political 

policies ? Should there be a partisan selection of such officers ? 

7. Classify the powers and duties of the county board as " legis- 

lative " and " administrative." Which class of duties seems 
most important? 

8. The county auditor usually prints the financial statement of the 

county in pamphlet form each year, showing all receipts 
and expenditures. From this the finances of the county can 
be studied. 

9. Write an essay on the " Population " of your county : numbers, 

nationality, how grouped, industries, politics. Much informa- 
tion on these points can be obtained in the Legislative Manual. 



98 THE GOVERNMENT OF MINNESOTA 



II. The Town. 

Introductory; Kinds of Town Government. — There are two types 
of town government in the United States: (i) The direct type, so called 
because each year the people, in a primary assembly, directly make their 
by-laws, levy their taxes, and determine upon the policy of the town for the 
year ; (2) the indirect type, so called because the laws are made and taxes 
levied, not by the people directly, but by their chosen representatives. 
The best example of town government directly by the people is found in 
New England, where from earliest times the towns have been almost 
pure democracies. Of course in these towns as in those of the indirect 
type the administration of the laws is carried on by elective officers; 
but in the annual town meeting these officers are sharply called to ac- 
count for the way they have managed the town's affairs. All students of 
government agree that it is the most perfect form of local government 
where the people are homogeneous in race, are about equal in rank and 
wealth, have experience in self-government, and show an intelligent in- 
terest in matters of common concern. Under such conditions not only 
is better local government secured than can be secured by removing it 
farther from the people, but better government in State and nation is 
also promoted. It cultivates political intelligence, fosters sturdy, inde- 
pendent activity in the voters, and encourages that vigilance which is the 
very price of liberty. It was these truths that led Thomas Jefferson to 
say that the New England type of local government was the "wisest 
invention ever devised by the wit of men for the perfect exercise of self- 
government and for its preservation." 

The Minnesota Town. — Many of the first settlers in 
Minnesota came from New England, and many others from 
newer States which had a system of town government. It 
was natural, therefore, for them to establish town govern- 
ments, and many were formed during the territorial days. 
The first Legislature under the State Constitution authorized 
the Governor to appoint special commissioners in each 
organized county to assist in forming town governments 



THE LOCAL GOVERNMENTS 99 

where the county commissioners had not already done so. 
From the first, therefore, the town has had a place in the 
system of local government. 

The direct form of government was adopted for the towns; 
and yet these governments have never been of so much im- 
portance as the New England towns. The reasons are not 
hard to find. In the first place the Legislature has never given 
them as much power, the right to do so many things as the 
New England towns have. For example, in New England 
the tax collectors are town officers; in Minnesota they are 
county officers. In New England the town is the unit of 
school administration; in Minnesota the district is. At one 
time the town system of schools was established here, but it 
was discontinued for the district system and a great opportu- 
nity was lost for developing a strong town government. In 
New England the town has the power to grant many licenses, 
as for marriages, for hunting, and the like, vested here in the 
county. 

The vitality of a government is determined largely by the 
powers it has. In New England the Legislatures have given 
a relatively large part of the powers of local government to 
the town and have made it strong and the county correspond- 
ingly weak. In Minnesota the powers of local government 
are more equally divided between town and county than in 
New England, but leaving the county rather more important 
than the town. In New England a "town" may have several 
villages in it, and these may grow to be of considerable impor- 
tance before the people think of "seceding" and forming a 
separate municipal government. The result has been that 
the towns there are empowered to perform many functions, 



ioo THE GOVERNMENT OF MINNESOTA 

as lighting, providing water supply, making rules for protec- 
tion from disease and fire which we think of as belonging only 
to municipalities. In Minnesota the practice is to set villages 
off under a separate government as soon as they begin to 
have needs differing much from those of a rural community. 
The result of this practice is to keep the powers of the town 
restricted to the needs of the rural group. 

How Towns are Organized. — Towns usually have an area of about 
thirty-six square miles. The Federal system of land survey accounts for 
this. For convenience of locating lands, Congress has provided for lay- 
ing out the public domain in townships six miles square. These are 
therefore known as " congressional townships." They have no govern- 
ment, may have no population, and they have no names except numbers, 
indicating the location of the township north or south of the base line, 
and east and west of the meridian used in the survey. Thus Windom is 
in township 105 north, range 35 west of the 5th principal meridian. 
The existence of these convenient squares no doubt encouraged the early 
settlers to form local governments in them. When a government is thus 
formed it is sometimes called a "civil" township, but more properly a 
town, to distinguish it from the geographical division known as a " con- 
gressional' ' township. The law provides that whenever any congres- 
sional township has twenty-five legal voters residing in it and a majority 
of them petition the county board for a government, the board must 
proceed to fix the boundaries of the town and give it the name desired 
by the voters. The board, also on petition, changes the boundaries of 
towns already created. They report their action to the county auditor, 
and he in turn reports the formation of a new government to the State 
auditor. Within twenty days after organization a town meeting is held 
at a time and place fixed by the county board, and the officers provided 
by law are elected. The census of 1905 shows that there were 1638 
organized townships and ^^ unorganized townships in the State. 

Powers of the Town. — Like the county the town thus 
organized is a body corporate, empowered to sue and be 



THE LOCAL GOVERNMENTS IOI 

sued, hold property, and make contracts; but the law takes 
care to provide that "no town shall possess or exercise any 
corporate powers except such as are expressly given by law, 
or are necessary to the exercise of the powers so given.' ' The 
town may make by-laws for restraining stock from running 
at large, fix penalties for violations thereof, and establish 
pounds for caring for estrays. It may build a town hall, main- 
tain a cemetery at public expense, establish and care for 
roads, and for these, and other purposes, may levy taxes 
upon persons and property. 

Town Meetings. — The annual town meeting is held on 
the second Tuesday in March, and special meetings may be 
called as the interests of the town require. All residents 
having the right to vote at a general election may vote. The 
presiding officer, the moderator, is chosen by the meeting, and 
the town clerk keeps a record of the proceedings. It is in this 
primary assembly that the by-laws are made, the purchase or 
sale of property authorized, the town taxes levied, and the 
town officers elected. It is here that the voters have their 
most direct influence upon government; but unfortunately it 
sometimes happens that but few attend the meetings and that 
but little interest is shown in the town's affairs. 

The Town Officers. — These officers are all elected at the 
annual meeting and the more important ones are chosen by 
ballot. All serve for one year except the supervisors, whose 
term is three years, and the constables and the justices of the 
peace, who serve for two years. Vacancies are filled by the 
town board till the next annual meeting. 



102 THE GOVERNMENT OF MINNESOTA 

The Town Board is composed of three supervisors in each 
town. The board is the governing body for the town, as the 
county board is of the county. It represents the town in law- 
suits, acquires and sells town property, locates, alters, and 
has general charge of town roads, designates the bank in 
which the town funds shall be kept, audits all accounts of town 
officers, examines all bills presented against the town, and 
authorizes all orders on the treasurer for the disbursement of 
the town's money. The supervisors serve as fence viewers, 
as a board of health, and as poor officers, and " shall have, 
charge of all the affairs of the town not by law committed to 
other officers." 

The Town Clerk is an important officer. He keeps a 
careful record of the proceedings of the town meeting. He 
is clerk of the town board and must preserve all accounts 
audited by it. He is the go-between for the town and the 
county. Thus he must notify the clerk of the district court 
of the election of justices, and the auditor of the various 
amounts of money voted by the town. On the other hand, 
he informs the town board of the amount of money paid by 
the county treasurer to the town treasurer. He posts notices 
of town meetings, calls the meetings to order, and presides 
while the moderator is being chosen. 

The Constables, of whom there are two in each town, are 
46 peace officers" and are, together with the justices of the 
peace and the sheriff, charged with the duty of enforcing 
the laws for the preservation of the public peace. They 
may make arrests upon warrants issued by the justices or a 



THE LOCAL GOVERNMENTS 103 

judge of the district court, and without warrant, for public 
offences committed or attempted in their presence or when 
there is reasonable certainty that the person arrested has 
committed a felony. They summon jurors, and witnesses 
to the justice's court and to the coroner's inquest. They 
are required to enforce the liquor and the game and fish 
laws. 

The Justices of the Peace. — The judicial functions of 
these officers have been already described (page 80) . They 
are authorized to take acknowledgments, appraise estrays, 
solemnize marriages, and may be called upon to serve on the 
town board of audit and on the county canvassing board. 

The Pound Master takes up, advertises, and cares for 
stray animals. He is paid for his services in fees. 

Town Finances.— The functions of the town are limited 
and its needs simple. The amounts of money raised and 
disbursed by the towns are, therefore, small compared with 
those raised by cities. Nevertheless, the towns in 1906 raised 
and disbursed more than $2,000,000 for town purposes. 

Expenditures. — The chief objects for which the towns 
regularly expend money are (1) the maintenance of roads 
and bridges, (2) the care of the poor (see page 192), and for 
general town purposes. Under this last head come such 
items as the salaries of town officers, supplies for officers, re- 
pairs and supplies for the town-hall, and costs of lawsuits in 
which the town is engaged. Some towns spend small amounts 
for safeguarding public health. Special expenditures are 



104 THE GOVERNMENT OF MINNESOTA 

sometimes made, as for building a town-hall or in paying 
interest on the money borrowed therefor. 1 

Sources of Revenue: Taxation. — The town may receive 
money occasionally from the sale of property, from the sale of 
stray animals, or from the licensing of billiard halls, bowling 
alleys and the like; but the main source of revenue for the 
town as for all other governments is taxation. This subject 
is more fully discussed elsewhere (see Chapter X) ; but it 
should be noted here that the town officers perform an im- 
portant part in the process of taxation. The town meeting 
" levies" the amount desired to be raised within the limits 
fixed by law. The Assessor values each item of property 
taxable in the town, and this valuation becomes the basis for 
determining each person's tax, not only for town purposes 
but for school districts, county and State purposes as well. 
His very important work is examined by the town board sit- 
ting as a "board of review," and, as we shall see (pp. 149-150), 
by other equalizing boards. The county auditor computes 
each man's tax, the county treasurer collects it and pays it 
over to the Town Treasurer, who pays it out on the order of 
the town board. 

Borrowing is another way of getting funds temporarily. 
It often happens that towns cannot foresee the need of money 

1 The following table shows the amounts voted by the towns named in 
1907, and other details: 



Town. 


County. 


Popu- 
lation 
1905. 


Assessed 
Value. 


Town 
Reve- 
nue. 


Poor. 


Road 
Bridge. 


Other 
Pur- 
poses. 


Bass 


Itasca 


169 


$210,147 


$250 


$250 


$625 


$ ... 


Hector 


Renville 


617 


250,000 


2,460 








Hallock 


Kittson 


291 


228,604 


225 


. . . 


475 




Richardville 


Kittson 


358 


169,897 


200 




350 




Norton 


Winona 


754 


274,319 


300 


I50 


300 


350 


Hillsdale 


Winona 


505 


144,739 


250 


IOO 


400 





THE LOCAL GOVERNMENTS 105 

for a road or a bridge, e. g., far enough ahead to vote a tax 
for it, and they borrow it as a means of saving time. Again, 
when a large expenditure is required, as in building and fit- 
ting a town-hall, the people find it easier to spread the pay- 
ment out over a number of years; so they borrow all the 
money needed and raise enough year by year to pay the inter- 
est charge and some part of the principal. The borrowing 
power is limited by State law. Towns can borrow only to 
build a town-hall and for opening town roads and building 
bridges thereon. They cannot borrow in excess of ten per 
cent, of the assessed valuation of the property in the town. 
The town meeting has the sole power to authorize loans. 

SUGGESTIONS AND QUESTIONS. 

1. Booth's Township Manual is prepared for the use of town offi- 

cers. It is revised every two years so as to include the changes 
made at each session of the Legislature. It is the best source 
of information as to the law governing towns. McVey and 
Young each have sections on town government. The best 
brief history of the town, tracing it back to its origin among 
the early Germans, is in Fiske's " Civil Government," Chapter 2. 

2. Make a map of your town, showing its contour, location of 

schools, churches, villages, and other points of interest. 

3. Write an essay on the " population " of your town. See page 97, 

question 9, for suggestions. 

4. Are town meetings in your county well attended ? Compare the 

number of votes cast at a town meeting with the number cast 
in the town at a general election. 

5. The town supervisors were formerly chosen for one year. By 

a recent law they are now chosen for three years, one being 
elected each year. What reasons can you give for the change ? 

6. James Brown contracts to paint a town-hall for $100. Describe 

all the steps in the process by which the money to pay for this 
work gets from the pockets of the tax payers to the pocket of 
the painter. 

7. If you live in a town, report on the care of the roads ; the char- 

acter of the roads (hilly or level, swampy or sandy, etc.); the 
amount spent in caring for them by the town, by the county; 



106 THE GOVERNMENT OF MINNESOTA 

the officers who look after the roads and their duties. Are the 
roads well kept ? Are your neighbors satisfied with them ? 
Are other people who travel them ? Have they been improved 
in recent years ? 

8. Do you know of a town that has a town-hall ? If so, report on 

how it was built, cost, uses, value as a social centre, etc. 

9. What is the assessed valuation of property in your town ? What 

sums were voted for taxes at the last annual meeting ? 
10. The Legislature has enacted that towns having a taxable valua- 
tion of less than $100,000 shall not vote sums amounting to 
more than 5 mills on the dollar for general township purposes, 
5 mills for the poor, and 5 mills for roads and bridges. Why 
should the Legislature concern itself about how much the 
people of a town vote for such purposes ? 



III. The Village. 

Need of Village Governments. — The conditions of rural 
life are simple and a government with the limited powers 
given the towns is adequate to their needs. But suppose a 
group of two or three hundred people want to build their 
houses close together, say at a cross-roads, or at a station on 
the railroad, or at a convenient landing-place on a river; 
obviously such a community would require more extensive 
powers than a purely rural group would. It needs to take 
precautions against the spread of disease and against fires 
that a rural community need not take. It might want to pave 
the streets and light them, regulate the speed of vehicles, con- 
trol the running at large of animals, have a common supply 
of water, and the like. Now in New England the towns are 
allowed to do all the things here suggested and many more; 
but in Minnesota the towns do not have such powers. The 
laws make it easy, however, for such a community to separate 
itself from a town and set up a government with powers 
adequate to its needs. 



THE LOCAL GOVERNMENTS 107 

How Organized. — Any group of people not more than 3000 and not 
less than 200 in number living in a territory not already incorporated, 
may plat a portion or all their land into lots and be incorporated as a 
village. A petition signed by not less than twenty-five voters in the 
district is presented to the county board. It must contain the boundaries 
of the proposed village and the number of residents, ascertained by the 
actual taking of a census. The board then gives notice of an election to 
be held, at which all voters within the district may vote for or against 
incorporation. The election is conducted by three inspectors appointed 
by the county auditor from among the residents of the district. On re- 
ceiving a certificate from the inspectors declaring that a majority voted 
for incorporation, the auditor sends a copy of all the papers in the case 
to the Secretary of State, to be filed in his office, "and thereupon the in- 
corporation shall be deemed to be complete." The inspectors then call 
a meeting for the election of village officers. This meeting must be held 
not less than ten and not more than twenty days after incorporation. 

Powers. — The village like the town is a "corporation." 
The limits of its powers are strictly fixed by law, but these 
powers are more numerous than those of the town. Not all 
villages have just the same powers; for some have been 
organized under special laws and others under general laws 
that have been amended. Any such village may by a majority 
vote of the electors reincorporate under the Revised Laws 
of 1905, and have the powers there given to villages. Such 
villages have the power to do those things which towns 
may do and a great many more. They may establish mar- 
ket-places, regulate the rate of speed of vehicles on their 
streets, establish libraries, license pedlers, maintain cemetery 
grounds, water and lighting plants, and make rules and 
regulations for the health, comfort, and safety of the people. 

Village Officers. — Just as the powers of villages differ 
according to the law under which they are incorporated, so 



108 THE GOVERNMENT OF MINNESOTA 

the names and the duties of their officers vary. Still, there is 
uniformity in most things. Most of the village officers cor- 
respond in name and duties with those of the town. There 
are a treasurer, an assessor, and a clerk, sometimes called, 
however, the recorder; there are constables, though these may 
be displaced by a marshal or a police force; there are justices 
of the peace with powers somewhat broader than those of the 
town, since they may try persons charged with violations of the 
village ordinances; but these officers may be dispensed with 
by the establishment of a municipal court. 

In the village council is found the distinctive feature of vil- 
lage government. It is composed of a president, a clerk or 
recorder, and three trustees. All are elected for terms of one 
year at the annual election on the first Tuesday in March. 
The council is the law-making body of the village. There is 
no primary assembly of the people such as the town meeting. 
All the powers enumerated above and many more are exercised 
through the council. Their more formal laws are called 
" ordinances," the less formal ones " resolutions." To the 
council is surrendered the power of levying the village taxes. 
Under the revised laws the levy is limited to two per cent, of 
the assessed valuation. In making a levy for any special 
purpose they may submit the question to the voters. They 
may borrow money, but a limit is placed upon the amount, 
and usually it is required that the question of issuing bonds 
shall be submitted to the people. The council may choose 
certain village officials when they are deemed necessary, as 
village attorney, pound master, fire wardens, marshal, and 
policeman. 

The census of 1905 showed 539 incorporated villages ic the 



THE LOCAL GOVERNMENTS 109 

State. Of these there were 67 having a population of 1000 
and over, and 113 having from 500 to 1000 population. The 
great majority, 359, were places of less than 500 people. 

SUGGESTIONS AND QUESTIONS. 

1. Answer these questions with reference to any village with which 

you are acquainted: How did a village come to spring up 
there ? Was the site well selected ? Has it good water and 
drainage? Healthful in other respects? Is the population 
growing or stationary ? How do you account for it ? Is it de- 
sirable that it should be a " big " place ? What advantages 
do the people have over those who live in the country ? In a 
large city ? What disadvantages ? 

2. Report on the following with reference to your village or one 

you are acquainted with : When organized ; under what law ; 
whether there was a contest over incorporation and if so, on 
what questions ; what the powers of the village are ; its offi- 
cers and their duties; and the public works. 

3. What is the assessed valuation of the property in your village ? 

What is the amount of the annual levy ? What is the village 
tax rate ? The county tax rate ? The State rate ? Add them 
together and find what per cent, of the whole the village rate is. 

4. Is it better to separate the villages from the towns and give them 

enlarged powers, as we do, or to enlarge the powers of the 
town so as to enable the towns to make all necessary provision 
for the villages as is done in New England ? Would the people 
in the " country " be likely to favor outlays of money to be 
used only in the villages ? Suppose cases and show how the 
New England plan would be likely to work in your community. 
Do you suppose such cases arise in New England ? 



IV. The City. 

Need of City Governments. — As communities increase in 
population, they find that the law governing villages does not 
give them all the powers they require for their more complex 
needs. The State recognizes this fact and has always provided 



no THE GOVERNMENT OF MINNESOTA 

for another class of corporations called cities. In 1905 there 
were 71 such corporations in the State. More than half of 
them were places of less than 3000. On the other hand, 
several of the villages had a population of over 3000, and many 
of them were larger than some of the cities. The difference 
between city and village is not, therefore, one of size, though 
the terms are popularly used in that sense. The legal dis- 
tinction is based on the form of municipal organization. 

How Cities are Organized. — Formerly when a com- 
munity wanted a city government a bill was introduced into 
the Legislature providing for incorporating the people in a 
district named, giving the corporation such powers as were 
deemed necessary, and specifying the framework of the gov- 
ernment for exercising these powers. The law thus passed 
was called the city's charter. It was the fundamental law, a 
sort of constitution for the city and strictly defined the powers 
the city might exercise. If larger powers were desired they 
could be had only by the passage of another law by the Legis- 
lature. This method of granting charters was objectionable 
for several reasons: (1) It consumed the time of the Legis- 
lature in dealing with communities most of the members 
knew and cared little about. (2) Laws were enacted for 
the city which most of the people of the community knew 
nothing about. Sometimes the laws were for the public wel- 
fare; but they might be got through in the interest of some 
class and opposed to the public welfare. (3) The people 
did not feel sufficiently the responsibility for the kind of 
charter they had, or for the kind of government they had 
under it. 



THE LOCAL GOVERNMENTS ill 

A constitutional amendment of 1892 forbade all special 
legislation on a long list of subjects, among which was that of 
cities. (See Article IV, Section 33, page 45.) After some ex- 
perimenting, a constitutional amendment was adopted in 1898 
as Section 36 of Article IV, 1 laying down some general princi- 
ples for the chartering of cities, and the Legislature, by a series 
of laws, among which that of 1903 is the most important, has 
given force to the amendment. The chief feature of the 
amendment and the law is that of leaving to each community 
the power to frame, adopt, and amend its charter without 

1 Article IV, Sec. 36. Any city or village in this State may frame a char- 
ter for its own government as a city consistent with and subject to the laws 
of this State, as follows: The legislature shall provide, under such restrictions 
as it deems proper, for a board of fifteen freeholders, who shall be and for 
the past five years shall have been qualified voters thereof, to be appointed 
by the district judges of the judicial district in which the city or village is 
situated, as the legislature may determine, for a term in no event to exceed 
six years, which board shall, within six months after its appointment, return 
to the chief magistrate of said city or village a draft of said charter, signed 
by the members of said board, or a majority thereof. Such charter shall be 
submitted to the qualified voters of such city or village at the next election 
thereafter, and if four-sevenths of the qualified voters voting at such election 
shall ratify the same it shall, at the end of thirty days thereafter, become the 
charter of such city or village as a city, and supersede any existing charter 
and amendments thereof; provided, that in cities having patrol limits now 
established, such charter shall require a three-fourths majority vote of the 
qualified voters voting at such election to change the patrol limits now es- 
tablished. 

Before any city shall incorporate under this act the legislature shall pre- 
scribe by law the general limits within which such charter shall be framed. 
Duplicate certificates shall be made setting forth the charter proposed and 
its ratification, which shall be signed by the chief magistrate of said city or 
village and authenticated by its corporate seal. One of said certificates shall 
be deposited in the office of secretary of state, and the other, after being re- 
corded in the office of the register of deeds for the county in which such city 
or village lies, shall be deposited among the archives of such city or village, 
and all courts shall take judicial notice thereof. Such charter so deposited 
may be amended by proposal therefor made by a board of fifteen commis- 
sioners aforesaid, published for at least thirty days in three newspapers of 
general circulation in such city or village, and accepted by three-fifths of the 



112 THE GOVERNMENT OF MINNESOTA 

going to the Legislature. Charters so framed are called 
"home rule" charters. 

Home Rule Charters may be secured by any city chartered prior to 
November 8, 1898, or by any village whenever incorporated, in the fol- 
lowing manner: The judge of the district court for the district in which 
such city or village is located may, whenever he deems it necessary, and 
when petitioned by ten per cent, of the voters, appoint a "board 
of freeholders/ ' usually called a "charter commission, " consisting of 
fifteen members who serve without pay. Within six months after ap- 
pointment the board must frame and submit to the people a draught of 
a proposed charter. If four-sevenths of those voting at the election vote 

qualified voters of such city or village voting at the next election, and not 
otherwise; but such charter shall always be in harmony with and subject to 
the Constitution and laws of the State of Minnesota. The legislature may 
prescribe the duties of the commission relative to submitting amendments of 
charter to the vote of the people, and shall provide that upon application of 
five per cent, of the legal voters of any such city or village, by written pe- 
tition, such commission shall submit to the vote of the people proposed 
amendments to such charter set forth in said petition. The board of free- 
holders above provided for shall be permanent, and all the vacancies by 
death, disability to perform duties, resignation or removal from the corporate 
limits, or expiration of term of office, shall be filled by appointment in the 
same manner as the original board was created, and said board shall always 
contain its full complement of members. 

It shall be a feature of all such charters that there shall be provided 
[provision], among other things, for a mayor or chief magistrate, and a legis- 
lative body of either one or two houses; if of two houses, at least one of 
them shall be elected by general vote of the electors. 

In submitting any such charter or amendment thereto to the qualified 
voters of such city or village, any alternate section or article may be presented 
for the choice of the voters, and may be voted on separately without prejudice 
to other articles or sections of the charter or any amendments thereto. 

The legislature may provide general laws relating to affairs of cities, the 
application of which may be limited to cities of over fifty thousand inhabi- 
tants, or to cities of fifty and not less than twenty thousand inhabitants, or 
to cities of twenty and not less than ten thousand inhabitants, or to cities of 
ten thousand inhabitants or less, which shall apply equally to all such cities 
of either class, and which shall be paramount while in force to the provisions 
relating to the same matter included in the local charter herein provided for. 
But no local charter, provision or ordinance passed thereunder shall super- 
sede any general law of the State defining or punishing crimes or misde- 
meanors. 



THE LOCAL GOVERNMENTS 113 

for the proposed charter it becomes the charter of the city. The board 
may submit amendments to the voters at any time, and upon petition of 
five per cent, of the voters, it must do so. Amendments are adopted if 
three-fifths of those voting at the election declare in favor of them. 

The people are thus given power to frame and amend 
their charters almost as complete as that possessed by the 
Legislature itself before it was forbidden to enact special 
laws. A few restrictions are, however, placed upon them. 
Their charter must provide for a mayor, and "for a council 
consisting of either one or two branches; one in either case 
to be elected by the people." The charter must not be in- 
consistent with the Constitution; it must fix definite limits 
on the bonded indebtedness; it must provide that "no 
perpetual franchise or privilege shall ever be created, nor 
shall any exclusive franchise or privilege be granted, unless 
the proposed grant be first submitted to the voters of the 
city or village . . . nor in any such case for a period of 
more than twenty-five years." * 

Classes of Cities. — The Legislature still has the power of modifying 
the city charters secured by special laws. It cannot pass a law amending 
a special charter law by name; but the Constitution permits the classi- 
fication of cities and the passage of general laws applicable to all in a 
class. The classes fixed by the Constitution are as follows: first class, 
those having more than 50,000 inhabitants; second class, those having 
20,000 and less than 50,000; third class, those having more than 10,000 
and not more than 20,000; and fourth class, those having not more 
than 10,000. 

The laws, general in form, passed for these classes are often special in 
application. Thus in 1903 a law was passed to create a "board of mu- 
nicipal works" in cities having not more than 50,000 inhabitants and not 
less than 20,000, and a law was passed in 1907 to establish a bath house 
board in cities of the same class. But there was only one city in the 
1 Revised Laws, 1905, Section 753. 



114 THE GOVERNMENT OF MINNESOTA 

State in that class. The same method is also followed in legislating for 
counties, towns, and villages. 

Problems of City Government. — It is agreed on all hands 
that, throughout the country, cities are not well governed. 
Mr. Bryce says: " There is no denying that the government 
of cities is the one conspicuous failure of the United States.' ' 
The evidence of the failure is found in high cost and poor 
service, and frequently in the corrupt conduct of city officials. 
The chief reasons assigned for the poor management of city 
affairs may be enumerated but not here discussed. First of 
all, the activities of the city are so numerous, and to under- 
stand them requires so much accurate, technical knowledge, 
that the great majority of people are not able to judge whether 
their officers are serving them well or not. Second, there are 
always many special private interests in conflict with the 
public interest; and these private "interests" frequently 
offer great inducements to officers to sacrifice the public wel- 
fare. Thus, a corporation sometimes bribes a councilman to 
vote for a franchise that ought not to be granted; or police- 
men are paid a price to ignore the breaking of the law. 
Third, voters do not select the right kind of officers; the 
respectable classes refuse to run for office, they stay away 
from the caucuses, probably from the polls as well, and then 
wonder how dishonest and inefficient men came to be elected. 
Fourth, citizens do not study carefully enough the operations 
of the government nor scrutinize the acts of the various officers. 
Even where it is known that an officer or a department has 
blundered, or is pursuing a policy opposed to the interest of 
the city, men will with reluctance criticise official conduct, 
either because of timidity (e. g., lest their private business 



THE LOCAL GOVERNMENTS 115 

may in some way be injured), or for fear of being charged 
with "meddling." Fifth, the form of the government may be 
poor. All cities do not need to be organized on the same 
plan in order to have a good government; but all do require 
a plan that fixes the responsibility for all official acts definitely 
upon somebody who can promptly be removed for inefficiency 
or dishonesty. And sixth, it may be said that a great cause of 
failure is the lack of high ideals among the mass of citizens 
as to what good government is. They have so long been used 
to slovenliness and costliness and questionable conduct, that 
they take these things as inevitable. 

The gravest problems of city government develop in the 
larger places. Minnesota has but few large cities. In only 
one instance has there been any great scandal connected with 
city government in the State; but there is perhaps hardly a 
city, large or small, but is suffering from some of the evils so 
general throughout the country. Where there are evils, it 
should be remembered that the fault usually does not lie with 
the officers so much as with the people. Every city has honest 
and efficient servants who need the honest and intelligent 
co-operation of the people; and this is unfortunately too 
often lacking. It is sometimes said that "business methods" 
ought to be followed in managing a city. If by this is meant 
that the fittest persons ought to be employed, and that rigid 
economy ought to be practised and a rigid accounting made, 
it is true such methods ought to be followed. But frequently 
business methods are themselves questionable, and it is in 
those communities where the most reckless business methods 
are followed that city governments are most corrupt. What is 
needed to make city government pure is a reform of business 



Ii6 THE GOVERNMENT OF MINNESOTA 

methods themselves, a higher business morality, an alert in- 
telligence on public questions, an enlightened civic conscience, 
and true civic courage, among the mass of the people. Then 
the problems of city government will be easily solved. 

City Finances. — The complex activities of the city which 
make it so difficult to govern, make it also expensive to gov- 
ern. The largest items of expense, aside from maintaining 
the schools, are those which the rural community does not 
have to meet. In a city of 20,000 the four items of expense, 
for the fire department, for the police, for lighting, and for 
salaries, are likely to be half the current expense. The care 
of the streets is another large item. Frequently large outlays 
have to be made for a public water supply and for a sewer 
system. Large communities require a water-works system 
not only as a convenience and as a safeguard against con- 
tamination of the public supply, but as a safeguard against 
fires as well. The tax rate of cities is likely to be high. In 
Winona in 1908 it was 36.3 mills. Of this 3.48 mills went to 
the State, 5.05 mills to the county, and 27.77 m iUs for the use 
of the city; that is, more than three- fourths of the taxes 
raised were for city purposes. Cities have important sources 
of revenue besides taxation. Of these the largest is liquor 
licenses. In the year 1907-1908, Red Wing received $10,000 
from this source, Stillwater $27,000, and Winona $46,000. 
Considerable income is yielded by fines and fees; and in 
some cities the street improvements and sewer pipes are 
largely paid for out of " special assessments" made against 
abutting property which is assumed to derive some special 
benefit from the improvement. 



THE LOCAL GOVERNMENTS 117 

The " Commission Plan." — During the past few years there has been 
developed in various cities in different States of the Union a form of 
city government which centralizes legislative and administrative author- 
ity in a small body of men, sometimes called a council, sometimes a 
commission, usually chosen by the people at large. Each member of 
this body is assigned as a manager or superintendent of some depart- 
ment, as that of police, public works, health, or finance. He is paid a 
salary large enough to attract men of ability and gives all his time to 
his office. All subordinates are appointed by the council. The Legis- 
lature in 1909 authorized cities in Minnesota to adopt this " commission 
plan" of government and it is likely to be given a trial. The law pro- 
vides two means of popular control of this highly centralized govern- 
ment. The law permits, and the people ought always to require, a 
provision in the charter for the "initiative and the referendum" (see 
page 39), so as not to surrender to such a council entire control of the 
law-making power. They ought to require also a provision for the 
"recall," as permitted by the law. The " recall " is a method of requir- 
ing a public officer to submit to a new election before the end of his term 
if a specified percentage of the voters petition for such an election. It is 
a plan for removing a dishonest or inefficient officer, or one who overrides 
the public will. Another excellent feature is the provision for non-partisan 
elections. (See page 140.) It should be remembered that a government of 
the form here outlined will not " run itself." If the people fail to maintain 
an intelligent interest, it will fail as surely as other forms have failed. 

Boroughs. — Formerly the Legislature incorporated a few 
municipalities under the name of "boroughs." New Ulm 
and Le Seuer, e. g., once had such an organization, but have 
surrendered their borough charters to become cities. The 
only place in the State retaining the name of Borough is 
Belle Plaine. The organization is much like that of villages 
and need not here be described. 

The School District.— The powers and duties of this 
form of local government relate wholly to education and will 
be described in the chapter on that subject. 



Ii8 THE GOVERNMENT OF MINNESOTA 



SUGGESTIONS AND QUESTIONS. 

i. If you live in a city make a report on its government: when 
organized; under what law — special, general, the home-rule 
law; whether there was a contest; if so, the questions which 
were involved; the various officers and their duties; the 
council ; the relations between the mayor and the council, etc. 

2. If you live in a city write a history of it, telling of the first settle- 

ment; what caused people to settle there; the growth of the 
population by five-year periods; the chief industries; the 
advantages the place has for them ; the value of them to the 
city. 

3. If you live in a city or village report on the following: (1) the 

care of the streets: natural character; kind of improve- 
ments; if paved, the method of paying for them; the officers 
in charge; the moneys raised and expended. (2) the water 
supply: public or private; if public, furnished by the city 
or a company; the way "water-works" were established; 
organization of water department; well or poorly managed; 
rates charged; healthfulness. (3) Fire protection: regulations 
as to erecting buildings, making bonfires; equipment for 
putting out fires — the fire company, paid or voluntary, num- 
ber of men, number and kind of engines, relation to water 
supply ; the rate of insurance and the fire department. Stories 
of some fires and how they were fought. (4) How the streets 
are lit. Follow such suggestions as you can get from the 
above. (5) Police protection. 

4. What examples of the use of the " referendum " do you find in 

this chapter? What use of the " initiative " ? 

5. Report whatever you can find on the working of the " commis- 

sion plan," and watch its development. 

6. Report on the provisions for the " recall " in some city charter, 

as that of Los Angeles, and how it has worked. Consult the 
files of magazines. 

7. What is the meaning of the declaration : " Eternal vigilance is 

the price of liberty " ? 



CHAPTER IX. 

THE SELECTION OF PUBLIC OFFICERS. 

The Importance of Elections. — We have noted the way 
the people in the towns and school districts choose their offi- 
cers. The process of selecting such officials is very simple. 
Neighbors come together and select a few of their number to 
serve them. These officers have very little discretion in the 
performance of their duties. The law or the meeting which 
chooses them directs them what to do. The voters in these 
meetings, therefore, in selecting their officers should think 
mainly of the fitness of the persons they choose for executing 
the laws and carrying out the expressed will of the meeting. 
The same is true generally of other administrative officers of 
the county and the State; though many of these officers have 
large discretionary powers which may be used for carrying 
out one policy or another. In such cases the voter must think 
when casting his vote, not merely of the efficiency of the officer, 
but of the policy he is likely to pursue. The larger the discre- 
tionary power of the officer the more important is the ques- 
tion of the policy he stands for. Thus, the county board has 
more discretionary authority than the register of deeds; and 
hence it is of more importance to a voter to know what plans 
a commissioner proposes to carry out than to know the plans 
of the register. For the same reason it is of great importance 

to know what the attitude of the members of the railroad and 

119 



120 THE GOVERNMENT OF MINNESOTA 

warehouse commission is toward the control of railroads, or 
of the attorney-general toward the enforcement of law; while, 
on the other hand, it is of very little consequence what the 
policy of the treasurer is. For the same reason, too, because 
of his great power to control the policy of the State in many 
different directions, the voter should know what the attitude 
of a candidate for governor is toward public questions; and, 
since largest discretionary power has to be given to the law- 
makers, the position of persons to be chosen for the legislature 
should be made perfectly plain to the voters. Through the 
elections, therefore, the people have the most direct means of 
determining not only whether honest and efficient officers 
shall be chosen, but also what the policy of the government 
shall be. The study of the means by which these ends are 
gained will lead us to consider (i) who may vote, (2) party 
organization, (3) how candidates are nominated, (4) the ma- 
chinery of elections, and (5) laws against corrupt practices 
in connection with elections. 

I. The Voters. 

Qualifications of Voters. — Except in one particular, 
each State has the power to fix the qualifications for voting at 
its elections and thus to determine who may vote for con- 
gressmen and presidential electors. The one limit on its 
power is found in the XVth Amendment to the Federal Con- 
stitution, which forbids the States to deny the right of voting 
to any citizen "on account of race, color, or previous condi- 
tion of servitude." The qualifications fixed by the States 
vary considerably. There are qualifications of (1) age, (2) 



THE SELECTION OF PUBLIC OFFICERS 121 

residence, (3) citizenship or progress toward citizenship, (4) 
sex, usually, (5) education in some States, and (6) property in 
one or two States. These qualifications are found in the 
constitutions of the States. 

Who May Vote in Minnesota? — This question is an- 
swered in Article VII of the Constitution: 

Every male person of the age of twenty-one (21) years or upwards be- 
longing to either of the following classes who has resided in this State six 
(6) months next preceding any election shall be entitled to vote at such 
election in the election district of which he shall at the time have been for 
thirty (30) days a resident, for all officers that now are, or hereafter may 
be, elective by the people. 

First — Citizens of the United States who have been such for the 
period of three (3) months next preceding any election. 

Second — Persons of mixed white and Indian blood, who have adopted 
the customs and habits of civilization. 

Third — Persons of Indian blood residing in this State, who have 
adopted the language, customs and habits of civilization, after an exam- 
ination before any district court of the State, in such manner as may be 
provided by law, and shall have been pronounced by said court capable 
of enjoying the rights of citizenship within the State. 

Section 2. No person not belonging to one of the classes specified in 
the preceding section; no person who has been convicted of treason or 
any felony, unless restored to civil rights; and no person under guardian- 
ship, or who may be non compos mentis or insane, shall be entitled or per- 
mitted to vote at any election in this State. 

Section 3. For the purpose of voting, no person shall be deemed to have 
lost a residence by reason of his absence while employed in the service of 
the United States; nor while engaged upon the waters of this State or 
of the United States; nor while a student in any seminary of learning; 
nor while kept at any almshouse or asylum; nor while confined in any 
public prison. 

Section 4. No soldier, seaman or marine in the army or navy of the 
United States shall be deemed a resident of this State in consequence of 
being stationed within the same. 



122 THE GOVERNMENT OF MINNESOTA 

Section 5. During the day on which any election shall be held, no 
person shall be arrested by virtue of any civil process. 

Section 6. All elections shall be by ballot, except for such town 
officers as may be directed by law to be otherwise chosen. 

Section 7. Every person who by the provisions of this article shall be 
entitled to vote at any election shall be eligible to any office which now is 
or hereafter shall be, elective by the people in the district wherein he 
shall have resided thirty days previous to such election, except as other- 
wise provided in this Constitution, or the Constitution and laws of the 
United States. 

Section 8. Women may vote for school officers and members of library 
boards, and shall be eligible to hold any office pertaining to the man- 
agement of schools or libraries. 

Any woman of the age of twenty-one (21) years and upward and pos- 
sessing the qualifications requisite to a male voter may vote at any election 
held for the purpose of choosing any officers of schools or any members 
of library boards, or upon any measure relating to schools or libraries, 
and shall be eligible to hold any office pertaining to the management of 
schools and libraries. 

Section 9. The official year for the State of Minnesota shall com- 
mence on the first Monday in January in each year, and all terms of 
office shall terminate at that time; and the general election shall be held 
on the first Tuesday after the first Monday in November. . . . 

At the beginning of the Republic all the States had prop- 
erty qualifications for voting, but these have, with few excep- 
tions, disappeared. The tendency in recent years has been 
to make the residence and citizenship qualifications more 
stringent. This is true in Minnesota. Thus in 1896 the 
term of residence in the State was increased from four months 
to six, and in the election district from ten days to thirty; and 
it was provided that naturalized persons must have taken 
out their " final papers" three months before the election, 
whereas, prior to 1896, they could vote on the very day they 
became citizens. 



THE SELECTION OF PUBLIC OFFICERS 123 

Indians. — The position of Indians has always been a curious one. 
Though born within the territorial limits of the United States and sub- 
ject to its jurisdiction in many ways, Indians living in tribal relations 
have never been regarded as citizens. It will be noted that the Consti- 
tution does not so regard them. While living on a reservation in tribal 
relations they are not subject to the laws of the State. The State cannot 
make citizens of them even when they take on the habits of civilization; 
but it can and does admit them to the suffrage on certain conditions. 
It does not seem to be usual for Indians to appear before judges to prove 
themselves "civilized." Indians can become citizens only by the action 
of the Federal Government. The policy of Congress has been for the 
past quarter of a century to break up the relation of "guardian and 
ward" so long existing between the government and the Indians, and to 
get them to divide up their land "in severalty." By the "Dawes Act" 
of 1887 this policy was established; and Indians accepting allotments, 
or settling on the public lands of the United States, or adopting the 
habits of civilized life, were declared to be citizens of the United States 
and of the State wherein they reside. 1 

Forfeited Rights. — By being convicted of a felony, a person loses his 
right to vote. The law prescribes that convicts in the State prison shall 
be restored to all rights and privileges forfeited by conviction in case they 
meet certain requirements as to conduct. Where this standard is not 
reached, the prison authorities, upon proof of good conduct after release, 
recommend to the Governor the restoration to civil rights; and he issues 
the necessary papers. It is by an act of the Governor, also, that those 
released from the Reformatory are restored. Down to 1907 there seems 
to have been no provision for restoring rights forfeited by conviction 
where the felony was punished by fine or imprisonment in a county jail. 
An act of that year empowers judges of the district court to restore such 
persons, and prescribes the procedure. (See page 35.) 

Women Voters. — The right to vote was not given to 
women in the original Constitution. By an amendment in 
1875 ^e Legislature was permitted to extend the right to 
women to vote for "any officers of schools or upon any 

1 On Indian citizenship see Willoughby, "The American Constitutional 
System," Chapter 16; Hart, "Actual Government," pp. 358-364. 



124 THE GOVERNMENT OF MINNESOTA 

measure relating to schools," and also the right to hold office 
" pertaining solely to the management of schools." By an 
amendment of 1898 the right of women to vote was somewhat 
enlarged (see Section 8) , and the grant of the right was made 
directly by the Constitution. 

In addition to the offices women may hold under Section 8, 
the law provides that "any woman who is a citizen of this 
State is eligible to appointment as a deputy of any county 
official authorized by law to appoint deputies." 

It is sometimes said by the opponents of female suffrage that women 
do not care to vote. At the general election of 1906, though women 
could vote for but one officer, the County Superintendent, there were 
cast 19,665 votes by women as against 284,366 by men; i. e., a little less 
than six and a half per cent, of the total vote was cast by women. The 
vote was unevenly distributed. In 21 counties no women voted and in 
25 others the number of votes cast by women was less than ten. 

Women have the right to attend the annual school meeting and vote 
on all questions coming before it. In some localities they take an active 
part, but it is probable that, on the whole, fewer women vote at school 
meetings than at general elections. 

SUGGESTIONS AND QUESTIONS. 

1. How many voters are there in the State ? What percentage of 

the total population do they constitute? How many votes 
were cast at the last election ? What percentage of the total 
number of voters cast a vote ? How many votes were cast for 
your Representative for Congress at the last election ? Com- 
pare with Mississippi, Colorado, and other States. See the 
Legislative Manual and the World Almanac. 

2. Who are citizens of the State]? Is the right to vote one of the 

" rights of citizenship " ? See the Federal Constitution, 
Amendment XIV. 

3. Why should not a person have the right to vote in any district 

in the State where he happened to be on election day ? 

4. Do women attend the school meetings in your district ? Do they 

exert a good influence on the selection of officers and the 
school policy of the district ? 



THE SELECTION OF PUBLIC OFFICERS 125 

II. Political Parties. 

Why Parties are Necessary. — It was said above that 
through elections the voters determine what the public policy 
shall be. But in our system of government elections take 
the form of a contest not so much between individuals as 
between parties. As Professor Woodburn says: "Ours is a 
government by party. The actual forces that operate the 
government are party forces. In all forms of popular gov- 
ernment, wherever men are striving to govern themselves and 
to realize government by the people, political parties exist. 
People divide themselves according to their views on public 
measures. The only way we have yet found to carry on free 
government is by organized, drilled and disciplined parties." * 
In order to understand, therefore, the working of political 
forces in State and Nation we must study the organization 
and functions of political parties. 

Party Organization. — Parties have generally been organ- 
ized in the United States on National rather than State 
lines; that is, the questions upon which the people have 
divided themselves into parties have been questions of na- 
tional, rather than State, policy. Thus the two leading 
parties for the last half century, the Democrats and the Re- 
publicans, have opposed each other on questions relating to 
slavery, reconstruction, the tariff, the money system, imperial- 
ism, and other matters under the control of the Federal gov- 
ernment. The minor parties which during that time have 
arisen, like the "Greenback" party and the People's party, 

1 "Political Parties and Party Problems," p. 3. 



126 THE GOVERNMENT OF MINNESOTA 

have usually dealt exclusively with national questions. The 
Prohibition party has a national organization; but its chief 
aim, that of stopping the liquor traffic, is one, it is maintained, 
that can be best attained through State legislation, though 
there are some national aspects of the liquor traffic. 

We must, therefore, note briefly the way the national 
parties are controlled. 

The National Committee. — Each party has a national committee 
composed usually of one member from each State. It is selected at the 
National Convention, which meets once in four years to nominate a can- 
didate for President and Vice-President and to declare in its "platform" 
what policies the party proposes to carry out in case it is successful at 
the approaching election. The national committee conducts the cam- 
paign, looks after the interests of the party during the four years for 
which it is chosen, and as another presidential election approaches, 
selects the time and place for the national convention at which its suc- 
cessor is selected. 

The State Committees. — Each of the great parties has in 
each State a " Central Committee" for looking after the inter- 
ests of the party within the State. In Minnesota the Demo- 
cratic State Central Committee, e. g., is composed of one 
member from each county and several " members at large." 
The members are chosen by the State convention; but the 
county members are elected upon the recommendations of the 
various county conventions or of their delegates to the State 
conventions. This large committee fixes the time and place 
of holding the State convention, and decides upon other 
general matters; but the active work of conducting the cam- 
paign rests, as in the case of the national committees, upon an 
" executive committee," selected from the larger committee. 
The Republican State Central Committee is made up in a 



THE SELECTION OF PUBLIC OFFICERS 127 

similar way, though it is not so large. It is usually composed 
of one member from each judicial district and several mem- 
bers at large. 

Local Committees. — There is a County Committee in each 
county. This varies in size and in the method of selection 
in different counties even within the same party. The com- 
mittee is selected at the county convention, usually by the 
chairman. Where counties are well organized, there is a local 
committee in each town or even election district. These are 
usually appointed by the county committee. The City Com- 
mittee has charge of the party interests, especially in city 
elections. 

III. Nominations. 

Importance of Nominations. — An important step in se- 
lecting public officers is their "nomination." This is merely 
the act of "naming" candidates in a formal public way, so 
that all voters will know what persons are seeking an election. 
Nomination by a political party gives a candidate a great 
advantage in an election, as all loyal members of the party are 
expected to vote for the "nominee" (the one named). For- 
merly the State did not concern itself with methods employed 
by parties in nominating candidates; but just because the 
nomination of candidates is often almost the equivalent of 
their election, the State has found it as necessary to regulate 
nominations as to regulate elections, by law. The purpose of 
the law is to give every person entitled to a vote in selecting 
a candidate an opportunity to cast it. 

Methods of Nomination. — Three methods of nominating 
candidates are recognized by law: (1) by delegate conven- 



128 THE GOVERNMENT OF MINNESOTA 

tions; (2) by direct vote; and (3) by nominating certificate. 
Because of the simple conditions that exist in the election 
of town, village, and school district officers, the law does not 
prescribe the method of making nominations. Where party 
spirit runs high in these communities there may be a meeting 
or " caucus" of various groups a day or two before an election 
to agree upon candidates; or such a " caucus" may be held 
at the voting place just before the election; or, as is most fre- 
quently done, just before the voting begins, persons may rise 
in open meeting and nominate candidates. Where a small 
group of people, all known to one another, are acting together 
it is safe and wise for the law to remain silent. Where 
larger groups have to co-operate the law regulates. 

1. Nomination by Convention is an old method and is still 
employed in Minnesota for selecting candidates for State 
and certain local offices. The law requires that before a 
nominating convention is held, at least two weeks' pub- 
lished, and six days' posted, notice shall be given of primary 
meetings of the voters in each election district. These 
primaries, as they are called, are not to be confused with 
the " primary elections" to be described later. They do not 
select candidates, but " delegates," to act for the voters at 
the convention. The primaries are called by the proper 
party committee at the usual voting place in the district. The 
call names the hour of meeting, which must be between 2 and 
9 p. m. The voting for delegates must be by ballot. "No per- 
son shall vote for the delegates of more than one party in any 
calendar year." The chairman and clerk furnish each dele- 
gate elected with a certificate of his election, which he presents 
as his "credentials" at the convention. 



THE SELECTION OF PUBLIC OFFICERS 129 

The delegate convention thus chosen is left free to conduct 
its affairs in its own way. It may nominate candidates for the 
few local offices not brought under the primary election law. 
These become the " nominees" of the party holding tb^ con- 
vention. Or the convention may have been called to send 
delegates to a State convention, where candidates for State 
offices are to be nominated. 

To illustrate the convention system let us take the Republican State 
convention of 1908. The call for the convention was issued by the 
State Central Committee in May, naming the Auditorium at St. Paul 
as the place, and July 1 as the time, for holding the convention. This 
call was sent to the chairman of each county committee, and informed 
him how many delegates the county could send. It also fixed the date 
for holding the county conventions for June 25. The law requires they 
shall all be held on the same day. The county committees then issued 
the call for the primaries in their respective counties and published it as 
required by law. In Winona County the primaries were held in each 
election district at 7.30 p. m. on June 23. Here a number of delegates, 
proportioned to the number of Republican voters, were elected by ballot 
to attend the county convention on the 25th. At this convention a number 
of delegates, proportioned to the number of Republican voters in the 
county, were elected to attend the State convention on July 1. This con- 
vention (1) nominated a "State ticket," (2) adopted a "platform" of party 
principles, and (3) selected a new central committee to conduct the cam- 
paign and to have charge of the party's affairs for the next two years. 

Criticism 0} the Method. — This method has the advantage of requiring 
the members of a party to co-operate in selecting candidates, and their 
frequent meetings tend to strengthen the party organization. It has two 
great disadvantages: (1) A member of a party cannot express a choice 
of just the men he wants as candidates; for it rarely happens that the 
delegates he votes for will vote for all the candidates he favors. (2) The 
convention offers opportunities for bargaining, and sometimes corrup- 
tion, that often defeat the wishes of a majority of the party. So grave 
have these evils become that in many of the States the "primary 
election" method has been introduced to supplant conventions. In 



130 THE GOVERNMENT OF MINNESOTA 

1899 it was adopted in this State for nominating certain officers in 
counties having more than 200,000 population, and two years later 
with some changes was extended to the whole State. 

2. Nomination by Direct Vote; Primary Elections. — Pri- 
mary elections are held in each voting district seven weeks 
before an election, for the purpose of choosing party candi- 
dates "for all elective offices except offices of towns, villages, 
and cities of the fourth class, and State offices, and members 
of school, park and library boards in cities having less than 
100,000 inhabitants." Town, village, and city clerks are 
required to give fifteen days' posted notice of such election. 

At the primary election, voting is by ballot. The process of 
getting one's name on the ballot is as follows: At least twenty 
days before the primary election any eligible person may file 
a petition with the county auditor to have his name placed on 
his party ballot. He must, under oath, give information as to 
his residence, his qualification as a voter, and the name of his 
party; and he must declare "that he affiliated with the said 
party at the last general election," and if he voted thereat, 
that he "voted for the majority of the candidates of said party 
at such election and intends to so vote at the ensuing election." 
A filing fee of $10 is required if the office sought is one for 
which compensation is provided. These requirements hav- 
ing been complied with, the auditor places the candidate's 
name "upon the primary election ballot of the party desig- 
nated." Candidates to be voted for in more than one county, 
as for judge or congressman, must file their petition with the 
Secretary of State and pay a fee of $20; except that the fee 
for candidates for the Legislature is in no case more than $10. 

The process of carrying on the primary election is similar 



THE SELECTION OF PUBLIC OFFICERS 131 

to that of carrying on general elections. The election officers 
are the same. The ballots are prepared by public officers, 
and safeguards are provided to prevent fraud. All parties 
meet at the same place, but there is a different ticket for each 
party. Each voter "shall be entitled to a ballot of the politi- 
cal party whose candidates he shall declare (under oath if his 
right thereto is questioned) that he generally supported at the 
last election and intends to support at that next ensuing, 
except that when voting for the first time he shall not be 
required to declare his past political affiliation." The votes 
are counted by the judges and clerks; the " returns" are made 
to the county auditor; and the returns are " canvassed" by 
the county canvassing board. The person receiving the 
highest number of votes for each place is the " nominee" of 
the party for that place, and as such has the right to have his 
name placed on the general election ballot "without the pay- 
ment of any additional fee." * 

How the Method Works. — The law on the whole has worked well. It 
gives each voter an opportunity to express his choice in selecting the 
candidates of his party. In proportion as power is thus placed in the 
hands of the mass of voters, the power of the political bosses and party 
managers who manipulate the caucuses and conventions under the old 
plan is restricted. It promotes interest in making nominations. It is 
often urged against the plan that only a small proportion of the voters 
go to the primary election, and this is unfortunately true. But it should 
be remembered that far more go to the primary elections than ever went 
to the " caucuses. " The chief criticism of the law is that it is possible, 
and in fact often happens, that voters of one party choose the nominee 
of the other. In reply to this objection it may be said that the purpose 
of the law is to prevent this practice. Each voter must state publicly 
which party ticket he desires to vote; the judges, among whom are 

1 Gen. Laws, 1907, Ch. 429. 



132 THE GOVERNMENT OF MINNESOTA 

members of each party, or party " challengers/ ' may question his right 
to the ticket asked for, and the right may be denied. Each party thus has 
the same power to protect itself against insincere voting at the primary 
election that it had at the caucus under the convention system. 

Again, it is urged that the more able and better-known men who, under 
the old system would "accept the nomination" proffered by a party con- 
vention, will not enter an "undignified contest" by filing for nomination, 
and the candidates have therefore to be selected from an inferior class 
of men. 

It must be said that no law or method of selection will work itself. 
No doubt instances can be given to support the contention just men- 
tioned. But in spite of the agitation for amending and even repealing 
the law, it is generally believed to be a wise measure; and it is more 
likely to be extended so as to apply to the nomination of State officers than 
to be repealed. In other States all nominations come under the primary 
election system; and in some it is used for sending delegates to State 
conventions called to elect delegates to national conventions. The pri- 
mary election law has brought a real reform. It tends to prevent fraud, 
and, as a leading newspaper in this State has said, there has under it 
"been apparent a distinct gain in the character of those selected to 
office, and a distinct betterment in the character of the service rendered." 

3. Nominations by Certificate. — A third mode of getting a 
candidate's name on an election ballot is by filing a certificate 
of nomination signed by voters resident in the political divis- 
ion where the election is to be held. If for a State office, it 
must be signed by one per cent, of the total vote cast at the 
last election; if for a congressional or judicial district office, 
five per cent. ; if for a county, legislative, or municipal office, 
ten per cent. This certificate is filed in the same manner as 
that of a nominating convention. A person defeated at a 
primary election is not eligible for nomination by this method; 
nor can any voter who voted at the primary election sign his 
name to the petition. The law is not intended to encourage 
this mode of nomination. 



THE SELECTION OF PUBLIC OFFICERS 133 



SUGGESTIONS AND QUESTIONS. 

1. How are the local party committees selected in your county ? 

2. Examine the Legislative Manual and see what you can learn as 

to the relative strength of the political parties in the State, 
past and present. 

3. Why should voters of one party ever care to vote for the nomi- 

nation of candidates of another party at a primary election ? 

4. Suppose a nominee should withdraw before the election, how 

could the vacancy be filled ? 

5. Is the method of selecting the local party committees " demo- 

cratic " ? Can you suggest a more democratic method ? 

6. Let members of the class attend a caucus or a convention and 

report on what was observed. 



IV. Elections. 

General Elections are held on the first Tuesday after the 
first Monday in November of each even-numbered year for 
choosing State, district, and county officers. Special elections 
may be called by the Governor whenever, because of a tie 
vote, " there shall be a failure to elect any state or county 
officer, member of the legislature or representative in Con- 
gress, and whenever any vacancy occurs in such offices' ' not 
otherwise provided for. Town and village elections are held 
in March. Most cities hold their elections in the spring, but 
a few still follow the bad practice of holding them at the time 
of the general elections. 

Election Districts.— The law provides that each town, 
each village set off from the town for election purposes, and 
each city ward shall constitute at least one election district; 
but cities of less than 2000 inhabitants need have only one 
polling place, even though divided into wards. The town 



134 THE GOVERNMENT OF MINNESOTA 

board or the council may create other districts when deemed 
necessary; and new ones must be created when the number 
of male voters exceeds 400. 

Election Boards. — The election in each district is con- 
ducted by three judges and two clerks. In cities of the first, 
second, and third classes, the board consists of four judges 
and four clerks at time of a general election. In the city dis- 
tricts and the larger villages the judges are appointed by the 
council. In towns and villages where there is but one dis- 
trict, the members of the town board usually serve as judges, 
though any or all may decline; in which case the board ap- 
points judges. In the same way, in villages of one district, 
the members of the council act as judges or appoint others. 
In no case may all the judges be of the same party. The 
judges appoint the clerks, one of whom in towns and villages 
is the town or village clerk. The clerks must be of different 
parties. The election boards thus constituted serve, as we 
have seen, at the primary election. They also act as regis- 
tration officers. 

Registration. — To prevent fraudulent voting lists of qual- 
ified voters are made out in advance of the election. The 
election boards act as " boards of registration." In towns, 
villages, and cities of the fourth class registration is quite 
simple. The board meets on primary election day, i. e., on 
Tuesday seven weeks before a general election, and to the best 
of its knowledge makes out a list of those entitled to vote, 
and this is required to be conspicuously posted. In cities of 
the fourth class the board meets also on the Tuesday preceding 



THE SELECTION OF PUBLIC OFFICERS 135 

the election for correcting the list. Voters are not required to 
appear in person to be registered, though they may. In cities 
of the first, second, and third classes more care is required. 
There are three registration days, seven weeks, two weeks, 
and one week before election respectively. If voters have not 
voted at the last election, or if they have removed from one 
district to another, they must appear in person or furnish an 
affidavit containing information as to their qualifications. 

Challengers. — Judges are required to allow a represent- 
ative of each political party to act as challenger of voters. 
A challenger of any voter may question the right of a person 
to vote; in which case the judges require the person chal- 
lenged to answer under oath all questions necessary to deter- 
mine his " qualifications as voter at this election." 

The Ballots. — Formerly each party printed and supplied 
its own ballots. These differed in shape and color, thus 
making a really secret ballot impossible. They left no con- 
venient space for writing other names instead of those on the 
ticket, thus discouraging " scratching," and encouraging the 
voting of the " straight ticket." There were numerous oppor- 
tunities for deceiving the voter, as, e. g., by printing the name 
of a Democrat on a Republican ticket. For the protection of 
voters against such deceptions, and for securing secrecy in vot- 
ing, the Australian ballot was adopted by an act of 1889 for 
cities of 10,000 and over, and two years later for the whole 
State. Its chief features are: (1) Complete control of the prep- 
aration of ballots by public officials. The " white ballots" 
containing the names of all candidates to be voted for through- 



136 THE GOVERNMENT OF MINNESOTA 

out the State are prepared under the direction of the Secretary 
of State. He also prepares a " pink ballot " when constitutional 
amendments are to be voted upon. The county auditor pre- 
pares the "blue ballot' ' containing the names of all candi- 
dates for Congress, district judge, and county offices. If a city 
election is to be held "red ballots' ' are prepared by the city 
clerk and by him delivered to the judges of election. State 
and county ballots are delivered to the judges by the county 
auditor a few days prior to the election. (2) The names of 
all candidates for the same office are on one ballot. (3) All 
ballots received by the judges must be accounted for to the 
officer from whom received. 

Casting the Ballots. — All the preliminary arrangements 
described above, and many others, have been made to render 
secure the next step — the act of voting. The act itself is sim- 
ple. The voter, if duly registered, receives from one of the 
judges a ballot of each kind to be cast. The ballot must be 
marked on the back with the initials of two judges. He goes 
to a voting booth in the room, makes a mark opposite the 
name of each candidate he wants to vote for, folds the ballots 
so the faces will be concealed and the initials of the judges 
can be seen, hands them back to the judge, who drops each 
into the proper ballot box, at the same time announcing the 
name of the voter to the clerk, and the kind of ballots voted. 

The act of casting the ballot may be performed in two or three min- 
utes; but if it is performed with intelligence the voter has given much 
time to considering the questions involved. He ought to be acquainted 
with the character of the candidates and with their fitness for the par- 
ticular offices they are asking for at- his hands. He ought, moreover, to 
know what policies will be favored by candidates of such offices as 



THE SELECTION OF PUBLIC OFFICERS 137 

that of Congressman, member of the Legislature, Governor, or the county 
board, and he ought to have an opinion as to which policy advocated is 
for the public welfare. It may be said this places a great burden of re- 
sponsibility upon the voter. That is true. But it is a burden insepa- 
rably connected with "self-government." Every voter should feel that 
he is voting not for his own private ends, but for the welfare of the 
whole community. Voting, therefore, is one of the most solemn political 
acts the citizen performs. 

The Canvass. — As soon as the polls are closed the " can- 
vass' ' begins. The first step is to count the ballots in each 
box to see if their number corresponds with the number of 
voters on the poll list. The next step is to count or canvass 
the votes. The name of each candidate voted for is called 
out and a mark is placed opposite his name on the tally sheets 
by the clerks. Each party is entitled to a " watcher" to see 
that votes are properly recorded. When the votes have all 
been counted the ballots are put back into their respective 
boxes and the boxes securely sealed and deposited with the 
clerk of the municipality or town. The boxes are not to be 
opened till needed for the next election unless, in case of a 
"contest^" they are opened for a recount. The board then 
makes out a list of all persons and measures voted for, with 
the number of votes for each. This statement constitutes 
the election "returns" for the district. They are deposited 
with the county auditor, together with one set of poll books 
and ballot registers. The other set of books is deposited 
with the town or municipal clerk. 

The County Canvassing Board, composed of the auditor, 
chairman of the county board, and two justices of the peace, 
meets within ten days after the election and canvasses all 
returns sent to the auditor. The board declares the person 



138 THE GOVERNMENT OF MINNESOTA 

receiving the highest number of votes for each county office 
duly elected; and the auditor issues a certificate of election 
to each such person. 1 The board also sends to the Secretary 
of State a statement of the vote in the county. Such returns 
from all the counties are canvassed by the State canvassing 
board, composed of the Secretary of State, two judges of the 
Supreme Court, and two district judges. The board thus de- 
termines who has received the highest number of votes for the 
several State offices, for Congress in each district, and for 
presidential electors. The Governor issues certificates of 
election, countersigned by the Secretary of State, to the suc- 
cessful candidates. 

The Corrupt Practices Law. — The Legislature, in order 
to preserve the freedom and purity of elections, has fixed se- 
vere penalties for false registration, fraudulent voting, tam- 
pering with the ballots, intimidation of voters, defacing of 
notices and polling lists, and for the wilful neglect or mis- 
conduct of election officers; and it forbids the sale of intoxi- 
cating liquors by licensed dealers on election day. 

Bribery is made a felony: " Every person who wilfully, 
directly or indirectly, pays, gives, or lends any money or other 
thing of value, or who offers promises, or endeavors to pro- 
cure any money, place, employment, or other valuable con- 
sideration, to or for any voter, or to or for any other person, 
in order to induce any voter to refrain from voting, or to vote 
in any particular way, at any election or primary, shall be 

1 The auditor also issues certificates to persons receiving the highest vote 
for senator and representative, if their districts lie wholly within the county. 
If the districts lie in more than one county the auditor of the oldest county 
issues the certificate; or if the counties are of the same age, then the auditor 
of the county casting the largest vote. 



THE SELECTION OF PUBLIC OFFICERS 139 

guilty of a felony"; and any person after election who de- 
mands or receives money or any valuable consideration is 
likewise guilty of felony. 1 

Election Expenses. — The law seeks to control election ex- 
penses of candidates both as to character and to amount. 
" Legal expenses" are limited to those for the candidate's 
personal travelling expenses; for the rent of halls for public 
addresses; for the payment of speakers and musicians; for 
the printing of circulars, notices, and cards; for paying chal- 
lengers, copying poll lists, and making canvasses .of voters; 
for postage, telegraph, telephone, and messenger service; for 
clerk hire at committee headquarters; for conveying infirm 
or disabled voters to and from the polls, and a few other speci- 
fied items. All other expenses incurred in a campaign are 
illegal; and candidates are expressly forbidden to furnish, 
within a specified time before an election, any kind of food, 
drink, or entertainment "with intent to corruptly influence" 
any person as to how he shall vote. 

The amount a candidate may expend or contribute for 
campaign purposes directly or indirectly is limited to $250 if 
the constituency within which he is seeking election does not 
exceed 5000; but additional sums may be expended as the 
size of the constituency increases. Each candidate is re- 
quired to file with the auditor of the county in which he 
resides a statement of the amount expended by him, and in 
detail the purposes for which it was used. The treasurer of 
every political committee is likewise required to file with the 
county auditor the amount received by him, the names of the 
persons from whom received, and the purposes in detail for 

1 Revised Laws, 1905, Sections 361-363. 



140 THE GOVERNMENT OF MINNESOTA 

which all moneys have been used. No limit, however, is 
placed on the amount such committees may expend. 

These provisions with regard to election expenses have been criticised 
on the ground that they are so difficult of enforcement that they are prac- 
tically a dead letter, and there has been some agitation for their repeal. 
But it is believed by most disinterested people that the principle on 
which they rest is sound and that the requirement for publicity in such 
matters is wholesome. It seems more likely that the scope of the law 
against corrupt practices will be enlarged and the provisions made more 
stringent rather than more lax. 

Congress has never passed a law to control or give publicity to cam- 
paign expenses. But the recent disclosures of the large sums contrib- 
uted by corporations for campaign purposes has roused the public to 
the danger that lies in such contributions made in secret. In 1908 the 
two leading candidates for the presidency joined in trying to secure the 
passage of a law requiring publicity of all Federal election expenses; 
but a bill for such a law was defeated in Congress. It is believed that 
a Federal corrupt practices act would greatly strengthen the sentiment 
for such acts in the States. 

City Elections. — The time for city elections is fixed by 
the charter of each city. Usually it is held in the spring, but 
in some places it is still held at the time of the general elec- 
tion. While the plan of spring elections tends to separate 
local from State politics in a beneficial way, and to centre 
attention upon city issues, they in most cases take the form 
of party contests, each party having a regular ticket in the 
field. At such times there is, however, more independent 
voting than when city officers are chosen at the time of the 
general election. The machinery of nomination and election 
is the same as in general elections. The law of 1909 providing 
for the ''commission plan" of city government, however, 
permits cities to adopt a non-partisan plan of nomination and 



THE SELECTION OF PUBLIC OFFICERS 141 

election by which the names of political parties may be en- 
tirely omitted from the tickets. If such a plan were adopted 
it would tend to centre attention upon measures for which 
men stand rather than upon the party to which they belong. 

Appointments. — We have thus far discussed the selection of public 
officials by popular election. There is, however, another large body of 
public servants chosen by appointment, either by some superior officer, 
as when a chief of police appoints his subordinates; or by a small body 
of men, as when a school board selects a teacher. The Board of Control 
appoints the chief executive officers of the institutions under its man- 
agement, and these officers have full power to appoint and discharge their 
assistants and employes; though the number and the salary of all em- 
ployes are fixed by the Board. 

The extensive appointing power of the Governor has already been 
mentioned (page 54). In the cities another large body of officials are 
chosen by appointment. These appointments are usually "political." 
That is, the offices are too often looked upon as party "spoils"; as much 
so as the Federal offices were in the days of Jackson. Every change of 
party is followed by a more or less complete removal of old officials, 
regardless of their faithfulness, experience, and efficiency, and the 
appointment of new ones who are adherents of the party in power. This 
is one of the reasons why it usually costs the "government" more to 
perform a given service than it does a private person or company. If 
a manufacturer followed the policy of making such periodic changes in 
his working force; if he let it be known that efficiency and faithfulness 
in his employes were not prized, and that continuance in employment 
depended upon something quite aside from the way they did their work, 
he would soon fail on account of poor service. Such a policy is as waste- 
ful in government service as it is in private service. And yet it is con- 
stantly being followed in the making of appointments to State and mu- 
nicipal offices. 

The responsibility for such a policy does not rest with the appointing 
officers alone, but with the people. They raise no protest against such 
a use of the offices. Indeed, the voters in making their own selection of 
candidates and officers are too often influenced by other considerations 
than the "best policy" and the "best man to carry it out." Sometimes 



142 THE GOVERNMENT OF MINNESOTA 

they are unintelligent, and seem to think that because a candidate is a 
"good fellow," shakes hands freely before election, and is generous in 
"treating," he will make a good officer. Sometimes they vote for a can- 
didate because he has done them a favor and they want to return it. 
Sometimes they vote for a man simply because he is on their ticket. 
How can they blame their appointing officers for treating offices as 
"spoils" as long as they do so themselves? Any voter who casts his 
ballot for an officer known to be incompetent simply because he is his 
friend, or belongs to his party, or his church, or his lodge, or his race, is 
faithless to the great trust reposed in him. 

The " Merit System." — In some instances in recent years the Legis- 
lature has, when creating municipal boards, provided that in making 
appointments the board shall act as far as possible in accordance with 
the principles of the "merit system." But no adequate provision is made 
for enforcing the system; nor has any city in the State adopted it. The 
"merit system" is directly opposed to the "spoils system." It seeks to 
place the most efficient public servants in the purely administrative 
offices, regardless of race, creed, or political views, and to retain them as 
long as they are faithful and capable. The chief principles are: (i) 
competitive examinations, conducted by an independent civil-service 
board to determine who are most fit; (2) appointment on probation till 
a practical test of fitness can be made; (3) continuance in office regard- 
less of party changes, unless removed for inefficiency; and (4) the 
forbidding of "political assessments," i. e., the calling upon office- 
holders for funds for party purposes. 

Some States have adopted this system, following, in the main, the 
lines laid down in the Federal Civil Service Law of 1883. In many of 
the larger cities throughout the country the system has been adopted to 
great advantage. In small cities the number of appointments is so small 
that a system of examinations is hardly feasible; but even here if public 
opinion is brought to bear on the appointing officers, the best results of 
the "merit system" may be realized. 



THE SELECTION OF PUBLIC OFFICERS 143 



SUGGESTIONS AND QUESTIONS. 

1. Explain why it is that our general elections come on the same 

day that elections are held in most other States. 

2. Why is it " bad practice " to hold city elections at the time of 

general elections ? 

3. Would it be better to have State and Federal elections at differ- 

ent times ? Why ? 

4. Why should the law require election boards to be made up of 

members of different parties ? 

5. What is meant by the terms " governor-elect,' ' " sheriff-elect " ? 

6. Just why should the public care whether a candidate spends 

much or little to secure his election ? Is it anybody's affair 
but his own ? 

7. Against what practice is the law directed which forbids a can- 

didate to provide " food, drink, or entertainment " ? Is it 
a wise law ? Is it obeyed ? 

8. Is there any objection to a railroad or insurance company con- 

tributing to a party campaign fund ? Is there, if the fact is 
made public ? If candidates are limited in their expenses and 
corporations are kept from making contributions how are 
campaign funds to be raised? -Have voters who nominate 
candidates any duty to perform in the matter ? Would it be 
desirable for the State to pay such expenses ? 

9. What are the boundaries of your election district ? Where is the 

polling place ? 

10. Formerly when amendments to the Constitution were to be 
voted upon, the question was submitted on the regular State 
ballot. The law now requires that the question of adopting 
amendments shall be submitted on a separate " pink " ballot. 
What reason was there for changing the law ? 

n. It is said that Americans are greatly interested in politics. Is this 
true in your community ? If so, how is their interest shown ? 

12. Do you ever hear during a campaign such expressions as the 

" German vote," the " Swedish vote," the " Irish vote " ? 
What is meant by them ? What is their significance ? Should 
the practices implied in such expressions be countenanced ? 

13. What is meant by this expression: "A public office is a 

public trust " ? 



CHAPTER X. 

REVENUE AND EXPENDITURES. 

The Cost of Government. — Already in describing the 
various local governments something has been said of their 
expenditures and their sources of revenue. We have now t6 
get some comprehensive view of what it costs to maintain 
government in the State and carry on its activities. The 
amount required cannot be exactly stated; but the sums 
levied in 1906 by the various governments give some indi- 
cation and were as follows: For county purposes, $4,099,412; 
for town purposes, $2,066, 694; for cities and villages, $7,241,- 
584; and for school districts, $5,988,876; making a total of 
$20,509,198. Add to this the receipts of the State Treasury 
for the fiscal year ending July 31, 1907, $11,250,342, and we 
get a total of nearly $32,000,000 of annual revenue going into 
the public treasuries. 1 

1 Payments from the State Treasury for various purposes for years 
named, showing the increasing expenses of the State: 

1880. 1890. 1895. 1907. 1908. 

Legislative $351 $138,848 $189,975 

Executive $55,583 88,114 96,299 216,491 $274,453 

Judicial 49,049 134,366 141,338 168,494 196,438 

State boards and commissions 84,004 315,403 402,657 

Societies, associations, etc 44,270 77,933 59, 106 

High and training schools, and 

school libraries 60,988 549,818 948,602 

Support of State institutions 305,762 903,266 1,284,094 112,175 2,444,858 

Public buildings 13,642 36,281 397,615 948,136 1,166,708 

Printing, stationery, etc 81,492 525,757 101,815 136,113 45,208 

Invested funds 367,518 288,716 890,735 1,650,538 1,480,118 

Apportioned school fund 253,149 791,903 1,075,543 1,471,419 1,650,096 

Payments on State debt 350,000 150,000 150,000 

Carried forward, $1,126,195 $2,768,754 $4,675,549 $5,986,495 $8,818,244 
144 



REVENUE AND EXPENDITURES 145 

This is by no means an accurate statement of the cost of the govern- 
ments in the State. Large sums are collected as fees by various State 
and local officers for special services which do not go into the public 
treasury. Again, large sums are expended for public improvements in 
cities and villages not paid for out of general taxation but by "special 
assessments" on abutting property not shown in figures quoted. There 
is also a vast amount of service performed in all the governments for 
which no payment is made — services, e. g., on school, park, and library 
boards, and upon various State boards and commissions — which should 
be reckoned as part of the "cost" of governing a State. 

Sources of Revenue. — Where, now, do these vast sums 
come from ? As we have seen, the local governments derive 
part of their income from fees, fines, and licenses; cities and 
villages may have some revenue from earnings of water- 
works, lighting plants, or toll-bridges; but the largest item of 
income is taxes. The same is true of the State's revenue. 
But the State has one source not enjoyed by the local govern- 
ments. It has a great landed property, given it by the Fed- 
eral government for various purposes. Some of this is sold 
each year; other portions are leased; the timber is sold from 
the forest lands; and from mineral lands a "royalty" or a 
price per ton of ore mined is received. From the sales of land 

1880 1890 1895 1907 1908 

Brought forward, $1,126,195 $2,768,754 84,675,549 $5,986,495 $8,188,244 

Interest on State debt 28,995 184,905 80,581 22,750 17,937 

Drainage 40,407 53,822 98,852 

Grain inspection 147,146 253,812 271,089 

Soldiers' relief 30,971 93,586 82,861 

Seed grain loans 45.235 

Prison twine plant 1,217,632 1,237,342 

State census , 18,540 

Apportionment to fire companies 34.048 107,911 115,578 

National guard 52.302 91,748 116,342 

Indian war pensions 40,706 51,788 

Wolf, tree-planting, and horse- 
thief, bounties 36,742 5i,475 56,796 

State lands and parks 50,028 64,528 

State road and bridge apportion- 
ments 130,259 

All other purposes 265,710 485,956 325,380 701,143 855,858 

Totals $1,420,903 $3,439,618 $5,476,909 $10,688,004 $11,917,485 



146 THE GOVERNMENT OF MINNESOTA 

year by year a great fund has been accumulated and invested 
in interest-bearing securities which yield a large income. 
" Earnings of State institutions" constitute another large 
item, the larger part of the earnings coming from the State 
prison. But its most important source of revenue, as in the 
case of the local governments, is taxation. 1 

The Power of Taxation. — Formerly the Constitution 
specified in much detail the kinds of taxes to be raised and 
the method of raising them. By an amendment adopted in 
1906, known as the " wide-open tax amendment," the Legis- 
lature is left great freedom in dealing with tax problems. 
Before that time all kinds of property were taxable and at the 
same rate. The Legislature may now exempt any kind of 
property from taxation and it may fix a different rate for 
different kinds of property. The only limitation left on the 
law-makers is that taxes must "be uniform upon the same 
class of subjects." The amendment forms Section 1 of 
Article IX of the Constitution and is as follows: 

Section 1. The power of taxation shall never be surrendered, sus- 
pended or contracted away. Taxes shall be uniform upon the same 
class of subjects, and shall be levied and collected for public purposes, 

1 The State revenues for 1907 and 1908: 

1907. 1908. 

From taxes of all kinds $6,445,012 $7,384,530 

From departmental earnings, fees, licenses, 

etc 635,010 606,765 

From earnings of institutions 1,762,259 1,791,059 

Loans repaid, interest, etc 1,402,346 1,679,871 

From land sales, timber sales, royalties, etc. 1,005,695 984,053 

Total $11,250,342 $12,446,280 

For information as to specific items see the Legislative Manual, Reports 
of the Tax Commission, and the Auditor's Reports. 



REVENUE AND EXPENDITURES 147 

but public burying grounds, public school houses, public hospitals, 
academies, colleges, universities, and all seminaries of learning, all 
churches, church property, and houses of worship, institutions of purely 
public charity, and public property used exclusively for any public pur- 
pose, shall be exempt from taxation, and there may be exempted from 
taxation personal property not exceeding in value two hundred dollars 
for each household, individual or head of a family, as the Legislature 
may determine: Provided, that the Legislature may authorize municipal 
corporations to levy and collect assessments for local improvements upon 
property benefited thereby without regard to a cash valuation; and, 
provided further, that nothing herein contained shall be construed to 
affect, modify or repeal any existing law providing for the taxation of 
the gross earnings of railroads. 

I. The General Property Tax. — The taxes collected in 
the State may be divided into two classes: I the general 
property tax and II special taxes. The general property 
tax includes (a) taxes on real estate, i. e., on land, and the im- 
provements upon it and the minerals found under it; and 
(b) taxes on personal property, i. e., on all kinds of goods, 
ships, stocks of merchandise, moneys, credits, stocks and 
bonds, and personal belongings. 

The Process of Taxation : (1) The Levy. — The first step 
in the process of taxation is making the "levy," that is, the 
fixing of the amount to be raised. As has been pointed out, 
the levy for town purposes is made by the town meeting 
(except the road labor tax, which is levied by the town board) ; 
for county purposes, by the county board; for the school dis- 
trict, by the school meeting or the school board according to 
the kind of district; and for the village and the city, by the 
council. The State levy is made by the Legislature. 

It should be remembered that all the local governments are limited, 
both as to the purposes for which they may levy, and as to the amount. 



148 THE GOVERNMENT OF MINNESOTA 

These limits are fixed by the Legislature or, in the case of cities, by their 
charters. While the levy is often expressed in a percentage form, the law 
requires that "all taxes shall be levied or voted in specific amounts, and 
the rates per cent, shall be determined from the amount of property as 
equalized by the state board of equalization each year, except such gen- 
eral taxes as may be definitely fixed by law." 

(2) The Assessment. — This is the act of placing a valuation 
upon property " listed" for taxation. The law requires that 
all taxable real property shall be assessed " every even-num- 
bered year with reference to its value on May 1st preceding 
the assessment.' ' Personal property is assessed annually 
with reference to its value on May 1. The assessment is 
made by the town, village, or city assessor as the case may 
be. The law requires him to view each lot or parcel of real 
estate, and enter the value of it on the real property list sup- 
plied him by the county auditor. The law provides that each 
taxpayer or his agent shall "list" all his personal property, 
and that the assessor shall assess the value of each item. As 
a matter of practice tax payers are often not called upon to 
make out their tax lists, this being done by the assessor. The 
assessments are made during May and June. The law pre- 
scribes that "all property shall be assessed at its true and full 
value in money." It should be remembered that the valua- 
tion made by the assessor is the basis for computing each 
man's taxes not only for local purposes but for State pur- 
poses as well. 

Undervaluation. — The work of the assessor is fraught with difficulties. 
Tax payers desire a low assessment and frequently bring pressure to 
bear on an assessor to make their valuations low. The assessor as a 
local officer finds himself unpopular if his valuations are high, because 
that will make the county and State taxes of his constituents high. The 



REVENUE AND EXPENDITURES 149 

result has been the development of a systematic undervaluation of prop- 
erty throughout the State. The Minnesota Tax Commission estimated 
that the valuation of real property in 1906 was for the whole State only 
40.4 per cent, of the true value, and the personal property was assessed 
at a still lower percentage of its value. 1 

Concealment of Property is another difficulty met by the assessor. 
He can see the real property, and many kinds of personal property, as 
cattle and carriages, are also easily found. But there has grown up dur- 
ing the last quarter of a century a vast amount of wealth represented by 
stocks, bonds, and mortgages. These, because they are difficult to dis- 
cover, are often not listed, and large amounts of other personal property 
also escape taxation. 

Exemptions. — The Legislature specifies more definitely than is done 
in the Constitution what property is free from taxation; but it can make 
no exemption not authorized by the Constitution. The assessor has 
many delicate problems to decide in connection with the exemptions. 
Owners of personal property are allowed an exemption to the amount of 
one hundred dollars; and in the case of the equipment of members of 
the national guard the full amount allowed by the Constitution is ex- 
empted. This exemption of personal property is made not by the as- 
sessor, but by the county auditor at the time of "extending the taxes." 

(3) Equalization. — To correct inequalities of assessment 
as between persons and between places, the law provides for 
a plan of equalizing valuations. The books of the assessor 
are first examined by the local board of review. This is com- 
posed, in towns, of the town boards; in villages, of the as- 
sessor, clerk, and president; in cities, usually, of the assessor, 
clerk, and mayor. The board of review meets on the fourth 
Monday in June and is required by law to see that all taxable 
property of the town or district is listed and duly valued, to 
place any omitted property on the list at its true value, and to 

1 Report of the Minnesota Tax Commission, 1907, Appendix "H." 



ISO THE GOVERNMENT OF MINNESOTA 

correct the assessments of any residents found to be improper. 
Any person may appear before the board and ask to have 
corrections made. In practice these boards do very little by 
way of correcting inequalities. On or before the first Monday 
in July the assessors must return their books with all correc- 
tions to the county auditor. 

The county board of equalization, composed of the county 
board and the auditor, meet on the third Monday in July to 
compare and equalize the assessments of the several towns 
or districts. They may raise or lower the assessment of any 
tract of land, or any class of personal property, or the aggre- 
gate assessment of persons. The auditor keeps a record of 
all changes made, publishes them as part of the proceedings 
of the board, and sends a copy with an abstract of the assess- 
ment for the county to the State auditor. This must be done 
on or before the fourth Monday in August. 

State Equalization. — The task of equalizing assessments 
as among the several counties was formerly performed by a 
" State board of equalization," composed of the Governor, 
the State auditor, the attorney-general, and one member 
appointed by the Governor from each judicial district. By 
a law of 1907 the duties of this board were assumed after 
January 31, 1909, by the Tax Commission. The work of 
equalization begins the second Tuesday of September. The 
Commission equalizes assessments not only as among coun- 
ties, but as among towns, villages, and cities, and even among 
individuals. It may add omitted property to the lists, which 
county boards cannot do, and it may order a reassessment 
when deemed necessary. The auditor of each county is 
notified of any changes made in his county, and these correc- 



REVENUE AND EXPENDITURES 151 

tions together with those made by the county board are noted 
on the original assessors' books. 

(4) Extending the Taxes. — The next step is to compute 
each man's tax. This work is done by the county auditor. 
The law requires that "the taxes voted by cities, villages, 
towns, and school districts shall be certified by the proper 
authorities to the county auditor, on or before October 10 in 
each year." With the corrected assessment and levies before 
him the auditor calculates the rate for local purposes in each 
levy district. The State auditor has notified him of the 
amount of the State levy, and the law informs him of the rate 
for certain general taxes. He has now all the information 
needed to prepare the "tax lists." A book is prepared for 
each assessment district showing the ownership (if known), 
description, and valuation of property, and the amount of 
each person's tax, together with other details. "This is 
sometimes called ' extending the tax.' Until it is done there 
is no tax in existence." Sometimes this act of the auditor is 
called "making the levy"; though it is best to reserve that 
term for the act of authorizing the raising of funds. The 
preparation of the tax lists is completed by the first Mon- 
day in January, when taxes become due, and are then 
delivered to the county treasurer. "Such lists shall be the 
authority for the treasurer to receive and collect taxes therein 
levied." 

(5) The Collection. — The county treasurer is the collector 
of all taxes on the tax lists, whether levied by the State or the 
local governments. Taxes are due on the first Monday in 
January next after the assessment. If those on personal 



152 THE GOVERNMENT OF MINNESOTA 

property are not paid before March i following they become 
delinquent, and a " penalty" of ten per cent, is added. If 
they are delinquent for a month, proceedings are begun in 
the district court, and unless some satisfactory defence is 
made, judgment is granted and the sheriff authorized to 
seize and sell in accordance with law enough of the 
person's property to pay the tax, penalty, and all accruing 
costs. 

If real estate taxes are not paid before June i, a penalty 
of ten per cent, is added; but they do not become delinquent 
for a year after becoming due, at which time an additional 
penalty of five per cent, is added. As the governments are not 
in need of the whole levy at one time provision is made for 
paying the real estate taxes in two parts: one-half to be 
paid before June i, and the other half before November i. 
Taxes on real estate are a lien upon the property, and pro- 
vision is made for the final sale of such property for the 
payment of the taxes and penalties. 

(6) The "Distribution of Funds" — Three times a year, on 
the last day of February, May, and October, the treasurer 
makes a settlement with the auditor; and together on those 
days they " distribute" the funds in the treasury; i. e., they 
place to the credit of the State, the towns, cities, villages, and 
school districts, the sums collected for them, and apportion 
to each county fund the amount belonging to it. On war- 
rants drawn by the auditor, the sums due the various govern- 
ments are paid over to their proper officers and thus pass 
into the control of the disbursing officers of school district, 
town, village, city, and State. 



REVENUE AND EXPENDITURES 153 

II. Special Taxes ; the Gross Earnings Tax.— The State 
levies a number of taxes in lieu of the general property tax. 
The most important of these is the " gross earnings" tax on 
railroad, express, freight-line, and telephone companies; and 
the most important of these is the tax on railroads. The 
State has long followed the practice of taxing railroads, not 
upon the assessed value of their property, but according to 
their " gross earnings" from the operation of the railroad 
within the State. Railroads have other sources of income, 
as from the sale of lands or other property, and from the 
rental of their tracks, but these items are not included in the 
" gross earnings" tax. The tax is paid directly to the State 
treasurer. If not paid before March 1 each year, it becomes 
delinquent and a penalty of 25 per cent, attaches; and if it 
remains delinquent a month the State may seize property 
to cover the tax, penalty, and necessary costs. Under a law 
of 1903 the rate is 4 per cent. The tax yields a large part 
of the State's income. 

There are similar provisions for collecting the four per cent, tax on the 
gross earnings of freight-line companies; a three per cent, tax on tele- 
phone companies; and a six per cent, tax on express companies. The 
reason for the high rate for the express companies is that from the gross 
receipts are deducted the sums paid to railroad companies for carrying 
their goods, before computing the tax. 

The Legislature of 1907 sought to induce the sleeping-car companies 
to change from an ad valorem tax to a gross earnings tax by offering them 
a choice between the two methods. The method of valuing the property 
of such companies is necessarily different from that followed under the 
general property tax. The valuation is made by the State auditor from 
information furnished by the companies, and the collection is made by 
the State treasurer. The property of telegraph companies is valued 



154 THE GOVERNMENT OF MINNESOTA 

and the tax collected in the same way. It is probable that all companies 
of both classes will soon be required to pay a gross earnings tax. 

The insurance companies are, with certain exceptions, subject to a tax 
of two per cent, upon premiums collected. A tonnage tax of three cents 
per ton may be paid, in lieu of all other taxes, by any owner of a vessel 
owned at, or hailing from, any port within the State, if employed on the 
Great Lakes. Half such taxes go into the State treasury and half to the 
county wherein the port of hail of such craft is located. 

The Inheritance Tax. — By an act of 1905, a tax is im- 
posed on all inheritances, bequests, legacies, and gifts in ex- 
cess of $10,000. That is inheritances of $10,000 and less are 
exempt. The tax is " graduated" according to the amount. 
Inheritances worth more than $10,000 and less than $50,000 
pay a rate of ij per cent.; those worth $50,000 and less 
than $100,000 pay 3 per cent.; and those worth $100,- 
000 and more pay 5 per cent. The collection is made by 
the county treasurers, but paid by them into the State treasury. 

The Mortgage Registry Tax.— Under the general prop- 
erty tax one form of personal property easily " concealed' ' is 
mortgages. It is believed by many that to tax a mortgage 
and at the same time tax the property which secures the 
mortgage is a case of "double taxation." Because of this 
belief and the ease of concealment this form of property is 
very often omitted from the assessment rolls. By an act of 
1907 the Legislature relieves mortgages secured by Minne- 
sota real estate from all other taxes, upon the payment of a 
registry tax of fifty cents on each one hundred dollars of the 
mortgage. The tax goes to the treasury of the county in 
which the land is situated, and is distributed in the same 
manner as real estate taxes are. 



REVENUE AND EXPENDITURES 155 

The following table shows the revenue derived from the various taxes 
described, for the years 1907 and 1908: 

1907 1908 

General property tax $2,508,587.97 $3,335,504-19 

Railroad gross earnings tax 3*270,336.63 3,425,305.26 

Insurance company tax 370,724.18 365,294.41 

Inheritance tax 142,358.96 43,454.56 

Telegraph and telephone tax 95,679.51 124,663.80 

Express and transportation 40,833.99 39,408.70 

Shipping — steam and sail 16,176.43 16,320.47 

Liquor licenses 315.00 34,578.87 

Totals $6,445,012.67 $7,384,530.26 

"Tax Reform." — The State system of taxation is under- 
going important changes. This is made necessary by rapid 
changes in the character and forms of wealth that may be 
taxed. The theory of the property tax is that persons should 
be taxed for public purposes in proportion to their " ability" 
to pay, and that the amount of property owned is the best 
test of ability. That is why the Constitution formerly 
required the listing of all property and an equal tax upon it. 
But as new forms of wealth and new business methods have 
grown up, the amount of personal and real property owned 
is no longer the sole test of ability. A man may have a large 
income from salary or other source without owning any 
taxable property. Equity requires that he should pay a tax 
on his income. Corporations acquire rights or franchises 
which have a value aside from any tangible property they 
own. They ought to pay a tax on that value. Telegraph, 
express, and insurance companies do a large lucrative busi- 
ness all out of proportion to the value of their property; and 
hence one need of taxing their gross earnings -instead of their 
property. The inheritance tax "is not one upon property, 



156 THE GOVERNMENT OF MINNESOTA 

but upon the right of succession or inheritance.' ' These 
taxes are in accord with the principle of " ability," and their 
adoption is looked upon as a part of the "tax reform" move- 
ment. The adoption of the "wide-open tax amendment" 
in 1906 opened the way to further reforms. It removed the 
many restrictions previously placed on the Legislature and 
gave it practically a free hand in dealing with taxation. 

The reform is likely to take two directions: (1) The more 
stringent supervision of assessments; and (2) the further 
substitution of special taxes, such as those on gross earnings, 
franchise, and corporations, for ad valorem taxes. 

Already progress has been made toward securing better assessments. 
The creation of the Tax Commission in 1907 was a long step in this 
direction. It is composed of three members appointed by the Governor 
to serve for terms of six years. The Commission is empowered to "ex- 
ercise general supervision over the administration of the assessment and 
taxation laws of the State, over assessors, town, county and city boards 
of review and equalization and all other assessing officers." It is itself 
the highest board of review, since it has all the power formerly exercised 
by the State board of equalization. It is the duty of the Commission to 
investigate the tax laws of other States and countries and to make recom- 
mendations for the improvement of the tax system. It has recommended 
the abolition of the office of town assessor and the creation of the office 
of county assessor with a four-year term. A county assessor giving his 
whole time to the work of his office would, it is argued, secure a fuller 
and more accurate assessment than it is possible for the numerous town 
assessors to secure, because they are less skilful, have less time, are more 
anxious not to offend their neighbors both for personal and political 
reasons than the county officer would be. It is proposed to make this 
officer accountable to the Tax Commission, even to the point of removing 
him if he fails to perform his duty. A bill to create such an office was 
defeated in the session of 1909, but it will no doubt continue to be urged. 
Here is another example of the tendency toward centralization. Because 
the people do not comply with the law and insist upon its enforcement, 



REVENUE AND EXPENDITURES 157 

not only do they allow injustice to be done, but they seem likely to lose 
control of one of the most natural functions of the local governments. 

The second plan of reform seeks to increase the special taxes so as to 
make them yield enough revenue for State purposes. This would leave 
the general property tax a source of revenue for the local governments 
alone and would go far toward removing the chief difficulties of securing 
a proper assessment; for the wish of each community to have a low 
valuation in order to make its State tax low has been a prolific cause of 
undervaluation, and this form of dishonesty is the parent of other forms. 

Closely connected with the extension of the principle of special taxes 
is another reform recommended by the Commission. It is urged that it 
is well-nigh impossible to tax certain forms of property like moneys, 
mortgages, bonds, stocks, and other kinds of "intangible" property. 
Such property usually escapes taxation. The Commission favors a lower 
rate for this class of personal property. Such changes would go far 
toward improving the tax system. 

SUGGESTIONS AND QUESTIONS. 

1. Detailed information of the State's finances can be gotten from 

reports of the State treasurer and the State auditor. The 
Legislative Manual always gives the amounts raised by vari- 
ous taxes, and the gross income and expenditure. 

2. Why should there be more frequent assessment of personal 

than real property ? Why should the law provide for the more 
prompt seizure of personal property for delinquent taxes than 
in the case of real estate ? 

3. If one refuses to " give in " his property for assessment, does he 

do an injury to his neighbor ? How ? 

4. What reasons are there for exempting the classes of property 

mentioned on page 147 ? 

5. Is the tax rate on property in different counties the same ? In 

different towns? In different cities? (See the Legislative 
Manual.) How are the facts accounted for? 

6. What is the tax rate in your town or city? The assessor or 

county auditor will give you the information. What propor- 
tion of it goes for county, State, and local purposes ? 

7. Is a tax on inheritances just ? Is a tax " graduated " according 

to the size of the inheritance just ? In some States inheritances 
and legacies are also graduated according to the degree of 



158 THE GOVERNMENT OF MINNESOTA 

relationship of the inheritor to the person bequeathing the 
estate: Thus, the tax is low on property descending from 
parent to child, higher to nephew or cousin, and still higher if 
going to an unrelated person. What reason is there for such 
a " graduation " ? 

8. The Legislature in 1909 changed the term of assessors from one 

year to two years. This is regarded by tax officers as a wise 
change. Why ? Is there any significance in the recommenda- 
tion to make the term of the proposed county assessor four 
years ? 

9. Some typical examples of the tax rate, in mills, in various locali- 

ties, showing the way the taxes are divided among the various 
governments that must be maintained, are here given : 















SCHOOL 


LOCAL 




PLACE 




STATE 


COUNTY 


TOWN 


CITY 


DISTRICT 


ONE MILL 


TOTAL 


Crookston, Polk 


County 


3.48 


6.52 




22.6o 


2O.4O 


1. 00 


54.00 


Dist. No. 38, " 


<< 


3.48 


6.52 


4.00 




1 1. OO 


1. 00 


25.00 


Dist. No. 254, " 


a 


3.48 


6.52 


6.00 




6.00 


1. 00 


23.OO 


Litchfield Village . 




3.48 


4.92 




9.20 


12.00 


1. 00 


30.60 


Austin, Mower 


County 


3.48 


5.22 




I5.90 


13-00 


1. 00 


38.60 


Dist. No. 43, " 


H 


3.48 


5.22 


2.62 




5.7o 


1. 00 


18.00 


Winona, Winona 


County 


3.48 


5.05 




18.07 


8.70 


1. 00 


36.30 



CHAPTER XL 
THE SCHOOL SYSTEM. 

Education a Function of the State. — It is one of the 

oldest and most fundamental of American principles that a 
system of education be maintained at public expense, though 
it was not till after the Civil War that the principle was 
adopted throughout the country. Under our dual system 
of government this duty of providing public instruction is 
left to the States. The Federal government under its war 
power provides for military instruction at West Point and 
naval instruction at Annapolis; under the same authority it 
provided temporarily for the education of negroes during "re- 
construction days"; and by virtue of its power over the 
Indians it has long maintained schools for the instruction of 
Indian children. But the power of providing a general 
system of education, not having been granted to the Federal 
government by the Constitution and not having been denied 
the States, rests exclusively with the States. The Constitu- 
tion of Minnesota recognizes the importance of the duty to 
provide the means of education: 

Article VIII, Section i. The stability of a republican form of govern- 
ment depending mainly upon the intelligence of the people, it shall be 
the duty of the Legislature to establish a general and uniform system of 
public schools. 

i59 



160 THE GOVERNMENT OF MINNESOTA 

Section 3. The Legislature shall make such provisions, by taxation or 
otherwise, as, with the income arising from the school fund, will secure 
a thorough and efficient system of public schools in each township in the 
State. 

School Districts. — The Legislature makes the school laws 
for the whole State, but, as is done in so many other instances, 
it leaves the administration of the law to the local govern- 
ments. In some States the management of the schools is 
left to the towns, and at one time it was left to the towns in 
Minnesota; but the unit of school administration is now 
the district. School districts are of three kinds: common,' 
independent, and special. They may lie in two or more 
townships, or even in two or more counties. In the latter 
case they are called " joint districts." Common districts and 
independent districts are formed by the county board when 
duly petitioned by the required number of freeholders, 
qualified to vote for school officers, residing within the pro- 
posed district. 

(1) Common school districts are more numerous than any other kind. 
There are now about eight thousand in the State. This is the form 
found in the rural communities and in the smaller villages. The man- 
agement of the schools is more completely in the hands of the voters in 
this kind of district than in any other. They meet in the regular annual 
school meeting on the third Saturday in July, and special meetings may 
be held on the written request of five voters who are freeholders. All 
persons qualified to vote at general elections may vote at these meetings; 
and, in addition, women having the qualifications necessary for male 
voters may also vote. The school meeting may designate the site for a 
school-house, authorize the construction and maintenance of buildings, 
vote bonds therefor, and levy the district school tax. The meeting may 
direct the district officers to make improvements in the school property, 
establish a library and provide for its maintenance, and adopt a system 
of free text-books. For carrying out its will and the State law, the annual 



THE SCHOOL SYSTEM 161 

meeting elects three trustees, one each year, to serve a term of three 
years. One is elected as chairman, one as clerk, and one as treasurer. 
These constitute the school board. 

The school board has general charge of the business of the district 
and the management of the school. It is its duty to acquire sites and 
build school -houses when authorized by the school meeting; to purchase 
supplies; to provide for the heating and care of school-houses; to em- 
ploy teachers; to prescribe the text-books, a course of study, and all 
needed regulations of a general character; to visit the school once in 
three months; to pay just claims against the district; and in all proper 
cases, "to prosecute and defend actions by or against the district." 
Moreover, if the school meeting fails to vote the tax necessary for main- 
taining a school for at least five months, the board is authorized by law 
to levy such a tax. 

The chairman presides at board meetings, countersigns all orders on 
the treasurer, and, during the disability of the clerk, may draw such 
orders. He represents the district in lawsuits. 

The clerk keeps the records of school meetings and of the board; he 
notifies all persons elected at the meeting of their election and reports 
to the county auditor the amount of money voted and the purposes for 
which voted; he reports to the county superintendent upon the value 
and condition of school property, the receipts and disbursements of the 
district, the opening of terms and the like; and he draws orders for bills 
allowed by the board. His compensation is fixed by the law at two per 
cent, of the cash disbursements of the district, but it cannot exceed six 
dollars a year unless otherwise ordered by the school meeting. 

The treasurer receives all district funds and disburses them on duly 
drawn orders. He is responsible for the care of funds and is required 
to give a bond for twice the sum likely to pass through his hands in a 
year. His compensation is fixed by the school meeting, but it cannot 
exceed two per cent, of his cash disbursements. 

(2) Independent districts when created as new districts are formed by 
the county board; but the voters in a common or a special district may 
change it to an independent one at a school meeting duly called. The 
school board in independent districts is composed of six members, 
chosen at the annual meeting. Their term is three years. If the board 
elects a superintendent he is ex-officio a member, but has no vote. The 
chairman, clerk, and treasurer are elected by the board and have duties 



1 62 THE GOVERNMENT OF MINNESOTA 

similar to those of common school district officers. The salaries of the 
clerk, treasurer, and superintendent are fixed by the board. 

There are about two hundred independent school districts in the 
State. They have somewhat larger powers than the common districts. 
They may employ a superintendent, may maintain a kindergarten and 
an evening school, and have a larger power of taxation for the support 
of schools. One reason for changing to an independent district is to 
secure these larger powers. Another reason for the change is that the 
authority of the district is thus placed in fewer hands. Much of the 
power lodged in the school meeting of the common district is given to 
the board in independent districts. It levies the taxes, determines the 
length of the school year, and fills vacancies that may occur in the 
board, till the next annual meeting. It often happens that the voters of 
the common districts are so unwisely economical in their voting of taxes 
as to cripple the efficiency of the schools. This leads those who desire 
greater efficiency and a longer term to try to induce the voters to change 
to an independent district; and thus power is transferred from the 
voters to the board. 

(3) Special districts have been created by special acts of the Legislature 
There are thirty-four such districts in the State. Their powers and 
organization vary considerably, but in general they have larger powers 
than the independent districts. Since the adoption of the constitutional 
amendment of 1892 (Article IV, Section 33) special laws including those 
relating to school districts have been forbidden. 

Consolidation. — Because of the shifting of population and for other 
reasons many districts have so few pupils that the expense per pupil of 
keeping up the school has become very high. There has, during the past 
ten years, been much agitation of the question of "consolidating" dis- 
tricts, and the laws have been changed so as to encourage such consoli- 
dation. Since 1901 any two or more districts, by a majority vote in each, 
have had the power to form a new district, or consolidate by annexation 
with an old one. Only a few such consolidations have been made. A 
law of 1905 authorizes any county board to appoint a "rural school 
commission " to formulate a plan of redistricting the whole county so 
as to enlarge the districts. The plan must be submitted to the voters for 
adoption or rejection. No county board has as yet (1909) appointed 
such a commission. 



THE SCHOOL SYSTEM 163 

The advantages of consolidation are: greater economy, better school- 
houses and equipment with the same outlay of money, better gradation 
of pupils, and a larger social life; all leading to the greater efficiency of 
the school. The greatest objection is the distance which children must 
travel in the larger district. This objection has been removed by em- 
powering any school board to provide for the free transportation of 
children residing more than half a mile from the school. Some boards 
acting under a law of 1903, have closed the schools in their districts and 
have paid for transporting pupils to an adjoining district. Considerable 
sums are expended in this way. 

Grades of Instruction. — The school system of the State 
provides instruction for children and youth from the age of 
four to the completion of a university course which fits for a 
profession. It is convenient to speak of the course of instruc- 
tion under three heads: 

(1) The Elementary School. — The legal age for admission 
to the public schools is five years. But independent and 
special districts may provide kindergartens for children above 
four and under six years of age. The elementary course is 
laid out for eight years of work. It includes what are usually 
called the "common branches." The school board has the 
power to prescribe the course of study. 

(2) The Secondary or High-School Course covers a period 
of four years following the eighth grade. The subjects taught 
vary considerably, but, in general, include mathematics, the 
sciences, literature, and history. In some schools there is 
provision for training for business, in others, training for the 
trades. It is probable that in the near future schools of this 
grade will be developed in which the study of agriculture is 
the most important feature. There are in the State more 
than two hundred high schools, besides many graded and 



1 64 THE GOVERNMENT OF MINNESOTA 

semi-graded schools in which one year or more of high-school 
work is done. The professional-academic courses of normal 
schools are high-school courses. The high school is some- 
times called the " people's college." 

Agricultural High Schools. — Instruction of the high-school grade is 
given in the schools of agriculture at St. Anthony Park and at Crookston. 
Both these schools are under the control of the university. An act of 
1905 empowers county boards, when so authorized by the voters, to 
establish county schools of agriculture and domestic economy. No such 
schools having been established, the Legislature in 1909 authorized the 
high-school board to designate a limited number of high schools, graded 
schools, or consolidated rural schools to maintain an agricultural de- 
partment when properly equipped; and such schools may receive State 
aid for the maintenance of the department to the amount of two-thirds 
of the cost thereof. No school, however, may receive more than $2500 
per year for the agricultural department. 

Congress has done much to promote the study of agriculture. It has 
made large grants of land to the States for agricultural colleges; has 
established many agricultural experiment stations of great value; and 
has disseminated much information through the department of agri- 
culture. It is significant that a law is now before Congress for establish- 
ing, at Federal expense, an agricultural high school in each congressional 
district in the United States. The plan has met with much opposition 
on the ground that it would be an unnecessary invasion of the sphere of 
State action. 

(3) Higher Education. — Those completing the high-school 
course are admitted to the normal schools to prepare for 
teaching; or to the university for the broader general edu- 
cation afforded by the College of Science, Literature, and 
the Arts. The college course requires four years for com- 
pletion and leads to the degree of Bachelor of Arts. Besides, 
the university has many technical schools for specialized 
instruction. Among these may be mentioned the colleges 



THE SCHOOL SYSTEM 165 

of Law, of Medicine, of Engineering, of Agriculture, of Educa- 
tion, and of Mining. These special schools are intended to 
fit their graduates for professional or business occupations. 

Classes of Schools. — For certain administrative purposes the law 
divides all schools maintained by the districts of the State, as follows: 

(1) High schools are those which hold for a term not less than nine 
months in the year; admit free of tuition charge qualified students who 
are residents of the State; have a four years' course such as is prescribed 
by the State High School Board and requisite for admission to the colle- 
giate department of the university; and are subject to the regulations of 
the State Board and to the inspection of its officers or members. If 
such a school receives "State aid," it is a "State high school." 

(2) Graded schools are such well-organized schools below the high 
schools as have at least four departments; are open nine months in the 
year; have a principal who is a graduate of a college or of the advanced 
course of a State normal school or has a professional certificate; and 
have such buildings, library, equipment, and course of study as are 
deemed suitable by the State High School Board. 

(3) Semi-graded schools have at least two departments in charge of 
proficient teachers, one of whom must hold a certificate of the first grade; 
hold school at least eight months in the year; have suitable buildings 
and a library and apparatus sufficient for doing efficient work; a regular 
course of study; and are subject to the rules established by the State 
Superintendent. 

(4) Common schools embrace all other district schools. It should be 
noted that this legal definition of "common schools" does not accord 
with popular usage. The term is sometimes applied to all the district 
schools supported at common expense; but more often to the public 
elementary schools whatever the kind of district and whether graded 
or ungraded. 

School Revenues. — The value of public-school property in 
1906 amounted to $24,000,000, and the combined value of 
the property of the university, normal schools, and other 



1 66 THE GOVERNMENT OF MINNESOTA 

State educational institutions amounts to several millions 
more. The sums annually spent for public educational 
purposes for the fiscal year ending July 31, 1905, were 
$10,072,930, for 1906, $11,312,695, and for 1907, $12,443,964. 
How are these vast sums raised ? 



The income of the university is derived from three principal sources: 
(1) from the sale of lands donated by the Federal government; from 
the interest on investments made from the proceeds of such sales, and 
from direct appropriations by Congress; (2) from a State tax of .23 of 
a mill on all the taxable property in the State, and (3) from direct appro- 
priations by the Legislature. Considerable sums are also collected as 
fees from the students; and many gifts are bestowed upon the school, 
some of them of great value. 

The income for the normal schools is provided by direct appropriations 
by the Legislature, and the same is true for the State Public School and 
for the special schools for defectives at Faribault. 

The revenue 0} the district schools is derived from (1) the current 
school fund; (2) the county school tax; (3) the district school tax; (4) 
certain fines; and (5) special grants by the Legislature, called " State 
aid." These require some explanation. 

(1) The current school fund comes from two sources: (a) the income 
of the permanent school fund, and (b) the State one-mill tax. This 
tax has regularly been levied since 1881 and for the past few years has 
yielded annually nearly a million dollars. This amount will of course 
increase with the increase of the assessed valuation. 

The permanent school fund amounted in 1907 to $18,836,301 and the 
income from it to $678,500. The fund is rapidly growing. Its history 
goes back to the act of 1849 organizing Minnesota Territory. That 
act reserved sections 16 and 36 in each township in the Territory for 
school purposes; and when the State was admitted, the grant of these 
sections included within its boundaries was confirmed to it. The Con- 
stitution (Article VIII) provided that "the proceeds of such lands as are 
or may hereafter be granted by the United States for school purposes 
within each township shall remain a perpetual school fund"; and that 



THE SCHOOL SYSTEM 167 

"the principal of all funds arising from sales or other disposition of 
lands or other property granted or entrusted to this State in each town- 
ship for educational purposes, shall forever be preserved inviolate and 
undiminished," the income only from such funds to be used for the sup- 
port of schools. The principal of all such funds derived from the sale 
of swamp lands owned or accruing to the State was to be preserved in the 
same way, though only one-half was to go to the fund for common schools, 
the other half to go to the support of other educational and charitable 
institutions of the State. The policy of the State has been to keep the 
lands till they would bring at least $5 per acre, the minimum price 
fixed by law, and much of the land has brought more than that. It is 
the duty of the Board of Investment to invest the funds. The following 
table shows the accumulations in the permanent school fund as it stood 
in the years named: 

1907 1908 

Sales of lands $12,222,914 $12,379,347 

Amounts paid on forfeitures and right of way 188,779 ^^i 

Sales of pine timber 4,997,292 5,502,382 

Mineral leases 236,450 249,550 

Royalty on iron ore 829,293 1,026,900 

Profits on sales of bonds 361,569 36*1,569 

Totals $18,836,301 $19,709,383 

Apportionment of the current school fund, thus made up of the per- 
manent school fund and the State one-mill tax, is made by the State 
Superintendent to the several counties early in March and October each 
year; and on the last Monday in those months the county auditor appor- 
tions the sum thus received to the various districts in proportion to the 
number of pupils of school age who have attended school at least forty 
days within the year; but no district may receive any part of this fund 
that has not had at least five months of school in the year; nor can the 
amount apportioned to it exceed the amount it has levied plus the 
amount it receives from the county school tax, unless the district has 
levied the maximum amount allowed by law. 

(2) The County School Tax. — The county auditor is required by State 
law to extend upon the tax list of each county a tax of one mill on the 



1 68 THE GOVERNMENT OF MINNESOTA 

property in each district. This tax is sometimes called the "local one- 
mill tax." It yielded in 1906 almost a million dollars. It is collected by 
the county treasurer and paid over to the district treasurer. It is not 
" apportioned " as the State tax is. Every dollar thus collected from a 
district goes back to it. 

(3) The district school tax is levied by the school meeting in common 
districts and by the school board in independent and special districts. 
A limit is placed by law on the amount of this tax, the limit being fixed 
according to the valuation of property. 

(4) Certain Fines. — A slight addition is made to the school funds from 
fines for breach of the liquor laws, insurance law, the law for licensing 
certain classes of doctors, and from other fines. The proceeds from the 
sale of estrays also go to the school fund. 

(5) Special State Aid. — The policy of granting State aid to districts 
was begun in 1878 as a means of improving the high schools. At first 
the law provided for a grant of $400 to those high schools to which pupils 
from any part of the State should be admitted; which had a course of 
instruction that prepared graduates to enter the sub -freshman class 
of the university; and submitted to inspection and regulation by 
the "High School Board" created by the act. The grant has been 
increased from time to time till, by a law of 1909, it amounts to $1750 
for high schools which meet the requirement of the High School 
Board. In addition, a grant of $750 is made to those high schools 
which maintain classes for normal instruction in the common branches, 
and $500 to graded schools doing two years of approved high-school 
work. 

The policy of State aid has been extended to other classes of schools 
upon their meeting requirements fixed by law, the State High School 
Board, or the State Superintendent. Graded schools receive $600, and 
semi-graded schools $300, per year. Rural schools are granted aid in 
case they maintain an eight months school; have a suitable school-house, 
a library, and the necessary apparatus for doing efficient work; employ 
a teacher holding a certificate of the first or the second grade; and com- 
ply with the regulations of the State Superintendent. If the teacher em- 
ployed has a certificate of the first grade the district may receive $150, 
if of the second grade, $100. The act of 1909 granting funds to schools in 
aid of agricultural instruction carries the system of State aid a step far- 



THE SCHOOL SYSTEM 169 

ther. More and more it is clear the local governments are looking to the 
State treasury for support. 1 

Supervision and Inspection, — A system of education so 
vast and so important requires careful supervision. The 
law has undergone many changes in this respect and seems 
likely to undergo others in the near future. 

(1) The Superintendent of Public Instruction has general 
advisory power over the schools of the State, but his duties 
relate more particularly to the common schools. He is a 
member of the Board of Regents of the University, a member 
of the Normal Board and of the High School Board. He 
prepares blanks for the use of school districts, receives 
reports from school officers, and embodies them in a report 
to the Legislature, and he meets and advises with county 
superintendents on matters relating to the schools. Under 
his direction teachers' institutes and summer training schools 
are held and teachers' examinations are conducted. The 
extension of " State aid" to rural schools has given him 

1 Financial statement of three typical rural districts in the southern part 
of the State: 

District No. 84 District No. 85 District No. 55 

RECEIPTS Winona Co. Winona Co. Fillmore Co. 

(Cash on hand) $91.28 

From apportionment. $132.26 7780 $159.60 

From special tax collected 525.59 207.48 108.17 

From local one-mill tax 126.79 56.51 67.89 

From special State aid 75 00 75 00 

Total $859.64 $43307 $410.66 

DISBURSEMENTS 

For teachers' wages $450.00 $270.00 $350.00 

For fuel and supplies 22 . 00 5 . 10 43-59 

For repairs and imp. grounds 13 . 60 3 . 00 12 . 85 

For school-house and sites 2.15 

For library books 5.00 10.40 

For text- books 4.15 17. 15 

For clerk's fees 6 . 00 

For back pay for teachers 101 .12 128 . 68 

For all other purposes 7 . 50 9 . 50 31 . 15 

(Cash en hand) 248.12 

Total $859.64 $433-43 $447 99 



170 THE GOVERNMENT OF MINNESOTA 

something more than advisory power. He determines 
whether school-houses are " suitable," what kind of apparatus 
and library are " necessary" for " efficient work," and makes 
regulations, among other things, as to how buildings shall be 
heated and ventilated. 

(2) The County Superintendent is elected for two years at the 
general election and has his salary fixed, within certain limits 
named in the law, by the county board. The law requires 
that " county superintendents shall visit and instruct [inspect] 
each school in their county at least once in each term, except 
those under the immediate charge of a city or district super- 
intendent, and instruct its teachers; organize and conduct 
such teachers' institutes as they shall deem expedient; 
encourage teachers' associations; advise teachers and school 
boards in regard to the best methods of instruction, most ap- 
proved plans for building, improving, and ventilating school- 
houses, or ornamenting school grounds and adapting them 
to the convenience and healthful exercise of the pupils; 
stimulate school officers to the prompt and proper discharge 
of their duties [and for this purpose may call meetings of 
them for consultation on school matters; receive and file 
all reports to be made to them; and make a report to the 
State Superintendent" based on these reports and their 
inspection of the schools. It is thus through the county 
superintendent that the State Superintendent keeps in touch 
with the schools. 

In 1876 the office was made elective in a few counties by a special act, 
and in 1877 it was made elective throughout the State. 

For many years the superintendent retained the power to examine and 
license teachers; but, as we shall see, this authority was taken away in 
1899, and he is now chiefly an inspector with only advisory powers. 



THE SCHOOL SYSTEM 171 

It has been recommended by the Superintendent of Public Instruction 
that the office be made appointive as formerly; that a "county board of 
education," composed of five members, one elected from each commis- 
sioner district, be created with power to appoint; and that this board 
have the same freedom of choice a city school board has, of going out- 
side the county or even the State to secure a skilled superintendent. The 
people in many counties do not properly appreciate the qualities required 
and fail to elect persons with abilities and training adequate to the needs 
of the position ; and hence the movement for taking the selection out of 
their hands. There does not seem to be much disposition on the part 
of the Legislature to adopt the county board plan — but the problem has 
been approached from another direction. In 1908 an amendment to 
Article VII, Section 7 of the Constitution was voted upon authorizing 
the Legislature to fix educational qualifications for county superintend- 
ents, but this failed of adoption. 

(3) City Superintendents and Principals. — Closer super- 
vision is provided in independent and special districts than is 
possible in the rural schools. The supervising officer of a 
graded or semi-graded school is by usage called a principal; 
when a full four years' high-school course has been provided, 
he is called superintendent. These officers have such powers 
as the school boards in the various districts may give. 

(4) The High School Board is composed of the State Super- 
intendent, the president of the university, and the president 
of the Normal Board, ex officio, and of two other persons 
appointed by the Governor, one of whom must be a superin- 
tendent, or a principal of a high school. The board's 
authority extends to all graded schools and high schools 
receiving State aid. It has broad powers in determining 
the course of study, the qualifications of teachers, the char- 
acter of the examinations, and the equipment of the schools. 
The active agents of the board for enforcing its regulations 



172 THE GOVERNMENT OF MINNESOTA 

are (i) a high- school inspector, who is required at least once 
a year to inspect carefully the instruction and discipline of 
the State high schools and report thereon; and (2) agraded- 
school inspector who in like manner inspects the graded 
schools. 

A tendency to centralization is thus to be noted in the control of the 
schools of independent and special districts, where the graded and high 
schools are chiefly found. These districts have given up to the High 
School Board the power to determine many things they formerly deter- 
mined for themselves, i. e., have surrendered a considerable degree of 
self-government. They have been willing to do this in part, probably, 
because of the soundness of the board's requirements, but more for the 
sake of the "State aid." 

The same tendency is seen in the control of common-school districts. 
They at first had practically the full management of their schools. They 
were doubtless poorly managed in many ways. They lost the power to 
license teachers first, to " examiners' ' appointed by the commissioners, 
and then, to the county superintendent, whose power to license was, in 
1899, absorbed by State officers. Then the districts had a county officer 
placed over them to inspect and advise. But they were still left to de- 
termine what kind of buildings, equipment, course of study, and teacher 
they should have. The nearly 2000 districts now receiving "State aid" 
comply with the regulations of the State Superintendent in these matters, 
partly, no doubt, because they are wise, but partly also as a means of 
getting the special grant. It is probable that unless the hundreds of dis- 
tricts which do not make adequate provision for the health, comfort and 
proper instruction of their children do so, they will force the State to 
deprive them further of the power to govern themselves. 

It should be noted in this connection that the State Superintendent in 
1906 recommended the passage of a law providing for State inspection of 
aided schools. This plan if adopted would further curtail the power of 
locally chosen officers — the county superintendents — and centralize it in 
the hands of the State Superintendent. "I am convinced," says the State 
Superintendent, 1 "that it is impossible for this office, unaided by in- 
spectors, to prevent a number of unworthy schools from receiving State 

1 Fourteenth Biennial Report, p. 9. 



THE SCHOOL SYSTEM 173 

aid. While most of the county superintendents are conscientious and 
high-minded, there are those who, unable to withstand local pressure, 
recommend schools that have failed to comply with the letter and spirit 
of this excellent law, designed to encourage the schools that do most for 
themselves. There can be no doubt that State inspection of high and 
graded schools has actually saved the State large amounts of money above 
its cost by preventing those below the standard from receiving aid. For 
the same reasons, I believe it will be in the interest of financial economy 
to provide inspection for rural schools." 

Training of Teachers. — The educational system of the 
State provides special means for training its teachers. 

The College of Education was established in 1905 as one of 
the colleges of the university. Prior to that time the depart- 
ment of pedagogy had given several courses for the instruc- 
tion of teachers. The college offers a regular two years' 
course for those who have had at least two years of university 
work or their equivalent. It also offers additional post- 
graduate work. It is designed especially to prepare high- 
school teachers, principals, and superintendents. 

State Normal Schools have been established at Winona, 
Mankato, St. Cloud, Moorehead, and Duluth. They supply 
teachers for the graded and rural schools for the most part, 
though many of their graduates are teachers in high schools. 
They are governed by a board of nine directors appointed 
by the governor. 

Summer Training Schools and Teachers* Institutes are held 
in the various counties under the direction of the State 
Superintendent. The schools are held for a term of four or 
six weeks, and institutes usually for one week. County 
superintendents also hold institutes lasting a day or two, 
besides frequent meetings of a day or half day, for the dis- 



174 THE GOVERNMENT OF MINNESOTA 

cussion of educational problems. For some years a summer 
school has been regularly held at the university. Others 
have been held at the several normal schools; but the Legisla- 
ture in 1907 established a regular summer term of twelve 
weeks at the normal schools. 

Teachers 1 Associations of a purely voluntary character are also held 
each year. The most important of these is the Minnesota Educational 
Association which holds sessions each year, usually at St. Paul, during 
three or four days. Many other associations in different sections of the 
State have for many years been held. Much improvement in the school 
work is believed to result from these meetings. 

Teachers* Certificates. — Teachers in the public schools 
are required to have a license to teach before they can be 
legally employed. The law allows the school boards in a 
few of the larger special and independent districts to make 
their own rules for examining and licensing teachers; but 
otherwise certificates are granted under rules uniform 
throughout the State. 

There are five " grades of regular teachers' certificates." The pro- 
fessional certificate of the first or the second grade is a license to teach 
in any school in the State. It is granted by the State Superintendent 
upon examination in subjects prescribed by law, or upon a first-grade 
certificate and the diploma of a reputable college after one year's suc- 
cessful teaching in the State. First and second grade certificates permit 
their holders to teach in any school below the high school. They are 
issued by the State Superintendent upon examinations set by him and are 
good in any county when countersigned by the county superintendent 
thereof. Both these grades require previous experience in teaching. 
A "limited" second grade may be issued to persons without experience, 
if otherwise qualified to receive that grade. The county superintendent 
may issue a third-grade certificate, when he deems it necessary, upon his 
own examination. Certificates of graduation from the College of Edu- 



THE SCHOOL SYSTEM 175 

cation of the university are valid as first-class certificates; and after 
two years of successful teaching are, upon proper indorsement, of equal 
value with first-grade professional certificates. The diplomas of the 
State normal schools are first-grade certificates and are endorsable after 
two years of successful teaching, when they become first-grade certifi- 
cates for life. Students completing specified portions of the course of 
study may receive an " elementary " diploma, which is a license to teach 
for a term of years. Graduates completing the full course may teach in 
high schools upon the recommendation of the president of the school 
graduating them and of the State inspector of high schools. 

Compulsory Education. — The maintenance of the schools 
at public expense implies that the public have an interest in 
seeing that all children are educated. The law requires 
parents or guardians to send all children under their con- 
trol between the ages of eight and sixteen "to some school 
in which the common branches are taught during the entire 
time the public schools of the district" in which they live are 
in session, unless excused by the school board on grounds 
prescribed in the law. In cities of the first class attendance 
is required from eight to eighteen. Boards may employ a 
truant officer for enforcing the law, and refusal to obey his 
orders is made a misdemeanor punishable by fine or imprison- 
ment. Any person who induces a child unlawfully to stay 
away from school or employs him while school is in session 
is likewise subject to fine or imprisonment. 

The law has not been well enforced, especially in the villages and rural 
districts. The State Superintendent said in his report for 1906: "The 
members of a school board cannot, as a rule, be expected to invoke the 
aid of the courts to have these laws enforced against neighbors with 
whom they must daily associate. I recommend legislation providing 
for a non-resident truant officer, so selected as to leave him independent 
in the proper discharge of his duties." In 1907 a step was taken in this 
direction by giving to the officers of the State Bureau of Labor the 



176 THE GOVERNMENT OF MINNESOTA 

powers of truant officers in the enforcement of the truancy law. A law 
of 1909 provides for more stringent enforcement of the law by county 
authorities than has before been attempted. The county superintendent 
is required to make complaint against parents refusing or neglecting to 
send their children to school after due notification, and the county at- 
torney is required to bring suit against such parents. Upon conviction 
they shall be punished by fine or imprisonment. Teachers, clerks of 
school boards, and the county superintendent are also made liable to fine 
or imprisonment for neglecting to perform the duties imposed upon 
them by the law. 1 

Other Educational Agencies, — Besides the school system, the State 
provides other means of spreading information. Farmers' Institutes 
have for the past twenty years been held in all parts of the State for 
giving instruction in various phases of farm work. In a single year more 
than fifty thousand people attend these meetings during a day or more. 
Knowledge of the many improvements in agriculture is thus carried to 
farmers. A law of 1909 provides for an "extension" division of the 
Agricultural College, with power to carry on courses of home instruction 
in agriculture by means of correspondence, bulletins, and lectures. The 
publications of the State, such as reports, bulletins, pamphlets, and the 
"Legislative Manual," are of great educational value. The State en- 
courages the building up of libraries. It contributes directly to the 
purchase of books for school libraries under certain conditions, and it 
permits the local governments to levy taxes for the support of libraries. 

Private Education. — While education is a function of the State it is 
not carried on exclusively by the State. Many churches maintain 
schools for elementary instruction and in some cases maintain secondary 
schools and colleges as well. Carleton College and St. Olaf s College at 
Northfield, Hamline University, Macalister College, and St. Thomas 
College at St. Paul, and Gustavus Adolphus at St. Peter, are among the 
more widely known schools for higher education in the State. They are 
all supported largely by church organizations. There are besides a num- 
ber of private schools, dependent for their income upon the tuition paid 
by students. The law forbids the use of any public funds for the aid 
of these church and private schools; though they are aided indirectly 
through the exemption of their property from taxation. 
1 General Laws of 1909, Chapter 400. 



THE SCHOOL SYSTEM 177 

SUGGESTIONS AND QUESTIONS. 

1. Further information about education in the State may be gotten 

from the following sources: Reports of the Superintendent of 
Public Instruction ; Proceedings of the Minnesota Educational 
Association ; Reports and Catalogues of the various institutions ; 
Kiehle, " Education in Minnesota " ; Greer, u History of Educa- 
tion in Minnesota"; Niles, "History and Civil Government of 
Minnesota"; "Collections of the Minnesota Historical So- 
ciety," Vol. X. 

2. Write an essay on " The Advantages of Consolidating Country 

Schools." 

3. Does the district as a unit of school management work well ? 

Many believe it does not, that it is too small. Inquire whether 
the voters of districts always succeed in finding persons well 
fitted to serve as directors. If one board, say of five members, 
served for all the schools in a town, could efficient directors be 
more easily found ? Would such town control encourage 
" consolidation " ? Would it promote economy ? Would the 
town be likely to become a more important kind of govern- 
ment if maintenance of the schools were made one of its func- 
tions? Is it desirable it should be more important? Some 
have thought the control of the schools ought to be centralized 
in a county board of education. This seems entirely too large 
a unit for successful school administration. 

4. Debate this question : Resolved, That the country schools of Min- 

nesota would be improved by adopting the town as the unit 
of school administration in place of the district. 

5. Is it wise for local governments to depend upon the State for 

so much aid in support of their schools ? Even if the schools 
are made better, is there danger of lessening the sense of 
responsibility in the people and of weakening the local gov- 
ernments ? 

6. Write a history of your school district: its boundaries; when 

formed; the building of the school-house; description of 
house and grounds ; maintenance ; the population, numbers, 
nationalities, etc.; school attendance; teachers; school 
boards; pupils who have studied there. The school records 
and the memories of persons in the neighborhood are your 
best sources of information. Every district ought to take pride 
in having such a history. The county superintendent will 
be glad to assist in getting together and preserving such 



178 THE GOVERNMENT OF MINNESOTA 

a record. The county papers are usually eager to print such 
matter. 

7. What right has the State to compel pupils to attend school ? 

8. The law forbids minors who attend school to smoke either at 

school or in any public place. What right has the State to 
make such a law ? 



CHAPTER XII. 
THE HIGHWAYS. 

Means of Transportation. — Every community has to 
have some means of transportation and communication. 
Minnesota, like other new communities, had for many years 
to rely mainly upon the highways provided by nature — the 
waterways, forest paths, and prairie trails. The country 
was not settled till after the era of canal building (181 5-1840) 
had passed, and that form of transportation has had no place 
in the history of the State. The natural waterways, especially 
the Mississippi River and Lake Superior, have played an 
important part in its industrial development. But artificial 
highways have had to be provided. These have taken the 
form of railroads and wagon roads. 

The era of railroad building, beginning about 1830, was well 
under way before Minnesota was organized as a Territory. 
It was not till 1853 that the railway fever began to rage in 
Minnesota. From 1853 to I ^57 the Territorial legislature 
chartered twenty-six railroad companies, none of which, how- 
ever, built any road. The story of the early efforts to secure 
railway communication with the East during the next few 
years is too long to relate here. 1 It was not till 1862 that the 
first ten miles of track were laid, from St. Paul to St. Anthony, 

1 See the historical sketch published in each number of the Legislative 
Manual. 

179 



180 THE GOVERNMENT OF MINNESOTA 

later to become a part of the Great Northern system. Men 
are still living, therefore, who in their middle life saw the 
beginning of the great network of railways, consisting of 
nearly 9000 miles of track, which now crosses the State in 
every direction. 

These roads are owned by private corporations, chartered by this or 
some other State; but they are subject to public regulation. The State 
can make regulations with respect to traffic originating and terminating 
within its borders; Congress, with respect to interstate commerce. The 
chief aims of these regulations are to secure fair and reasonable rates, 
equality of treatment of patrons, equality of treatment of places, and 
adequate facilities for carrying on traffic of all kinds. The State can 
fix rates, but they must not be " confiscatory,' ' i. e. y so low as to destroy 
the value of the railroad property. Much time of the Legislature is 
taken up with railroad legislation, and the Railroad and Warehouse 
Commission is helpful in administering the law. 

The Public Highways.— One of the first tasks of the 
pioneers in the Territory was to make roads from settlement 
to settlement. As new regions have been occupied new roads 
have had to be constructed, and all roads have had to be kept 
in repair. In the older States it had been a common practice 
for private companies to build and maintain wagon roads, 
which anybody could use on paying the prescribed tolls. 
Sometimes the States or even the Federal government built 
such roads, usually called " turnpikes," and charged tolls 
for their use. But from the beginning, Minnesota has had 
only free public highways, maintained by public taxation. 

In the early days, before there was sufficient traffic to warrant the 
building of bridges across the larger streams, there were many private 
ferry companies which charged tolls fixed by law for transferring passen- 
gers and freight across streams. Thus in the session of 1885 eighteen 



THE HIGHWAYS 181 

charters were granted by the Legislature to companies or individuals, 
authorizing the establishment of ferries and fixing the tolls that could 
be charged. There are still a few cases where muncipalities in the 
State maintain expensive bridges and are allowed to charge tolls for their 
use. These are simply survivals of an old practice. With these ex- 
ceptions the highways, now about 80,000 miles in extent, are maintained 
by taxation and are free to all. 

The Location of Roads. — Town boards may, on petition 
of resident freeholders, locate roads within the town; and 
such roads are called "town roads"; county boards may 
locate "county roads" extending through two or more towns; 
and they may also designate any road as a "State road." 
Roads are altered or vacated by the authority that located 
them. To lay out a road necessitates the taking of some- 
body's land. Often men are willing to "release" perpetually 
for public use, without charge, a strip of land sufficient for a 
road. Where they are not, the board may agree with owners 
upon the amount of damages they sustain by giving up their 
land. If no agreement can be reached, the board may, under 
the right of "eminent domain," condemn the land required? 
fix the price, and make provision for paying it; but if the 
owner is dissatisfied with the price fixed he may carry the 
matter to the district court, where the question is finally deter- 
mined by a jury. Indeed, the action of the board in locating, 
altering, or vacating a road may be appealed from by any 
person affected, and the matter thus brought into the district 
court. 

Care of the Roads.— The State road law is undergoing 
important changes. The methods of laying out and caring 
for highways have been handed down from pioneer days. 



182 THE GOVERNMENT OF MINNESOTA 

When population was sparse, traffic light, and the farmers 
poor, no large outlay could be made for making permanent 
improvements. It seemed greater economy to make bridges 
that must necessarily be soon replaced, and to make repairs 
on roads that would last for the season rather than for years. 
The building and repair of roads rests mainly on the towns. 
Each town is divided by its board into as many road districts 
as convenience requires, and at the annual meeting an " over- 
seer" is elected for each district. It is his duty to make and 
repair roads under the general supervision of the town board. 
He notifies the farmers when to appear to work out their road 
tax; or, if road taxes have been paid, he hires the necessary 
help for keeping the roads in repair. He is usually without 
special skill in such work, and the labor and money are often 
used with poor economy. In spite of great advances in road 
making, the country roads are but little better than they were 
half a century ago. 

An act of 1907 sought to bring about a change in the 
method of caring for the roads. It abolished the office of road 
overseer, and provided for the appointment of a town road 
inspector to act under the direction of a county superintend- 
ent of highways. The act, however, was faultily drawn and 
was declared void by the Supreme Court. In 1909 the 
Legislature authorized the town board in towns which col- 
lect all their road tax in cash to appoint a " highway in- 
spector" to have charge of the roads under the care of the 
town. If this plan is followed it ought to result in a much 
needed reform of road management. 

Road and Bridge Funds are secured mainly from taxation by the 
local governments. One item invariably voted at town meetings is a 



THE HIGHWAYS 183 

sum for "roads and bridges." The amount varies with the needs of the 
towns (page 104). The towns of the State in 1906 voted $981,000 for this 
purpose. In addition to the sums voted by the town meeting, the town 
board assesses a road labor tax. This tax is in two forms: (1) A poll-tax 
upon all male inhabitants between the ages of twenty-one and fifty, except 
certain classes exempted by law; and (2) a tax on personal and real 
property, not to exceed $1 on each $100 of the assessed valuation. The 
original purpose of the law was that these taxes should be worked out 
under the direction of the overseers in each town ; but it is provided that 
they may be " commuted " at the rate of $1.50 per day. If they are not 
worked out or paid in cash to the proper town officer before November 
first each year they become delinquent; and the county auditor, being 
notified of the amounts, extends them on the tax list, and they are collected 
by the county treasurer and by him paid to the town treasurer. More 
than $250,000 of delinquent road taxes were thus collected in 1906. The 
law allows any town to abolish the poll-tax by a majority vote at the 
town meeting; and many towns have done so. In the same way any town 
may require all road taxes to be paid in cash; and where this plan is 
adopted the road tax is collected as other town taxes are. The State 
Highway Commission strongly recommends a law requiring all road 
taxes to be paid in cash. 

The County Road and Bridge Tax.— This tax is levied 
by the county board. In 1906 the counties levied $496,000 
for roads and bridges. The fund may be expended directly 
by the county board in the construction of county roads and 
bridges; or appropriations may be made to any town for the 
construction or repair of roads at the discretion of the board; 1 
while in certain cases it must make appropriations to aid 
towns, villages, and the smaller cities in building bridges. 2 
The county board has the general control of the county roads, 
but the law provides that "the towns through which any 

1 General Laws, 1907, Chapter 361. 

2 General Laws, 1907, Chapter 423; Booth's "Township Manual," 19th 
edition, p. 113. 



1 84 THE GOVERNMENT OF MINNESOTA 

county road may pass shall keep it in repair the same as other 
roads therein." 

State Roads. — The State is coming to play a larger part 
in the management of the highways. Because of the un- 
fortunate experience of several of the States before the Civil 
War in building " interna] improvements," i. e., roads, canals, 
and railways, the Minnesota Constitution, like that of many 
other States, forbade the State to undertake such improve- 
ments, or give any aid for them (Article IX, Section 5). The 
belief of the Convention of 1857 was that the building of 
railways and canals should be left to private enterprise and 
the highways to the local governments. In 1898, however, an 
amendment to the Constitution was adopted (1) creating a 
"State road and bridge fund," to be made up of the income 
from the fund accumulated by the sale of certain lands 
granted by Congress to aid in internal improvements, and 
such sums as the Legislature might in its discretion raise by 
a tax of not more than one-twentieth of one mill, increased by 
an amendment of 1906 to one-fourth of a mill; (2) authoriz- 
ing the Legislature to create a "State Highway Commission" 
of three members to serve without pay; and (3) fixing very 
definitely the way in which the Commission should expend 
moneys from the State road and bridge fund in the various 
counties. It was not till 1905 that the Legislature levied the 
tax and authorized such a commission; and it was not until 
1906 that the Commission was appointed. Its executive offi- 
cer is the State Engineer. The average amount to be dis- 
tributed to the counties for the first three years, 1907-1909, 
was only a little over $60,000 a year. Before a county can 



THE HIGHWAYS 185 

secure State aid the county board must establish some road 

as a " State road"; if improved according to the rules of the 

Commission, the State pays one-third of the cost and the 

county two-thirds. 

The Legislature of 1907 began a policy of making direct appropria- 
tions to the counties to be expended by the local authorities, inde- 
pendently of the Highway Commission. The Legislature of 1909 
increased this appropriation, and it looked for a time as though the 
State were going to relieve the local governments of much of the burden 
of caring for the roads. By a decision of the Supreme Court in 1909, 
however, this "pork-barrel" appropriation, as it was called, was de- 
clared unconstitutional, on the ground that the expenditure was not 
to be made in a manner prescribed by the amendments mentioned above 
(Article IX, Section 16). 1 

City and Village Streets. — Cities and villages have con- 
trol of the laying out and maintenance of their streets. The 
expense is not always paid out of. taxes. In many places 
where an improvement, as paving or macadam, is of special 
value to the abutting property, a " special assessment'' is 
made against it. The proportion of the expense borne by 
general taxation and by the abutters varies in different places. 
The principle of special assessments is sound, but it is liable 
to grave abuse. 

The use of the streets by street railways is controlled by the 
city. Right of way cannot be gained under the right of 
eminent domain, but must be sought as a privilege from the 
council. Such a privilege is called a " franchise," and is 
granted for a term of years (p 113). 

Value of Good Roads. — "Even in the most advanced 
countries the extent of roads far exceeds that of railroads, 

1 Cooke vs. Iverson, 122 No. Western Reporter, 251; also published 
later in 108 Minn. 



186 THE GOVERNMENT OF MINNESOTA 

and only in the rarest cases do products reach the consumer 
without having traversed a stretch of common road. The 
road therefore takes a place in our modern economy more 
important than, in our carelessness, we generally admit. 

"The unit for measuring the expense of transportation is 
the cost of moving a ton one mile; on a modern American rail- 
road the average cost of a ton-mile is less than one cent. 
Even on the excellent roads of Europe the cost is ten cents 
or more, while it has been estimated that the average cost 
of moving farm produce to market over the common roads 
of the United States is twenty-five cents per ton-mile. As- 
suming that the average haul is twelve miles, and that 300,- 
000,000 tons are carried in a year, the expense reaches the 
enormous total of $900,000,000, a sum greater than the 
operating expenses of all the railroads of the United States 
in 1898. 

"It has been proved by actual test that the same force 
which draws one ton on a muddy earth road, will draw four 
tons on a hard macadam road. One of the greatest improve- 
ments in transportation is still, in large part, neglected by 
the American people; and intelligent energy will find in no 
field richer results than in the reform of our common roads. 
Such a reform would economize time and force, would reduce 
wear and tear, and would greatly better the business position 
of the farmer by enabling him to choose his own time for 
marketing his goods and making his purchases." 1 

1 Day, "A History of Commerce," p. 292. 



THE HIGHWAYS 187 



SUGGESTIONS AND QUESTIONS. 

1. What is the principle upon which special assessments are made ? 

In any city or village with which you are acquainted find out 
and report on the method of paying for paved or macadamized 
streets ; what portion of the cost is paid by abutters ? Do 
other citizens profit by the improvements as much as the 
abutters ? 

2. How has the change from overseer to town inspector worked in 

your town ? 

3. Is there any effort made in your community to beautify the high- 

ways by planting trees or keeping them free of weeds ? 

4. Make an estimate of the cost of carrying grain from the farm 

to the elevator at various distances, say five, ten, or twelve 
miles. 

Compare it with the cost of carrying the grain from the ele- 
vator to Chicago or Liverpool. What route would it take to 
go to these places ? What effect would good roads have on the 
cost of transportation to the farmer ? 

5. Has the introduction of rural free delivery done anything toward 

improving the roads? 

6. See what you can learn about the " Good Roads Movement." 

The United States Department of Agriculture publishes several 
pamphlets on road making which may be had by writing for 
them. 

7. Look up the "Abstract of Tax Lists" in the Manual and note 

the valuation in the various counties. What proportion of the 
total valuation is assessed in the three most wealthy counties 
in the State? Would you expect the representatives from 
those counties to favor or oppose the " pork-barrel " appropria- 
tion referred to above ? What are the advantages, and what 
the disadvantages of State appropriations for road building and 
repairing ? 

8. Comment on the following: "The United States is the only 

country that can afford bad roads. Only very rich and fertile 
land can stand the waste." 



CHAPTER XIII. 

CARE OF THE DEPENDENT CLASSES. 

Character of Our Society. — Our scheme of society is 
sometimes called " individualistic "; i. e., the fundamental 
theory underlying it is that each individual must provide for 
himself, or at least that each family must provide for itself. 
No society, however, which has a government is purely 
individualistic. Modern governments have been developed 
for the very purpose of freeing individuals from the necessity 
of looking out for themselves in certain ways. Thus, for ex- 
ample, by providing a police and a militia the State makes it 
unnecessary for each person to protect himself. By provid- 
ing roads and schools the State relieves each person from the 
necessity of providing his own road and his own school. It 
is only by co-operation of all through their government in 
such matters that progress is made. But when such conditions 
as these have been created by the State, it expects each per- 
son to guide his own affairs, make his own living, lay aside 
something for his old age, and contribute toward the enter- 
prises in which the State is engaged. 

The Defective Classes. — There are always certain persons, 
however, who cannot fit into this scheme of life, and who 
require such special care as the average family cannot pro- 
vide. For such classes the State makes provision. For the 
treatment of the insane there are hospitals at St. Peter, 

188 



CARE OF THE DEPENDENT CLASSES 189 

Rochester, and Fergus Falls; and for those who are incura- 
ble, asylums are maintained at Anoka and Hastings. The 
deaf and the blind require a special kind of education which 
each community cannot supply, and hence the State main- 
tains a central school for each of these classes at Faribault, 
where the powers of the children are developed and some 
useful occupation taught. At the same place there is also 
maintained a school for the feeble minded and epileptic. 
Besides these defective classes there are many children left 
dependent on the world. The State relieves the local govern- 
ment from providing for these children by making a home 
for them, temporarily, at least, at the State public school at 
Owatonna. The State also cares for honorably discharged 
soldiers who have become dependent, at the Soldiers' Home 
at Minnehaha Falls. The widows of soldiers are likewise 
provided for. 

There is another class the State must care for, but for 
different reasons: the criminal class. There is a State 
prison at Stillwater for the detention of those who have com- 
mitted grave offences; a reformatory at St. Cloud for the 
detention and reformation of persons between the ages of 
sixteen and thirty whose offences are less serious, and who 
are usually " first offenders"; and a training school for boys 
and girls at Red Wing where delinquent children from eight 
to seventeen are committed. The Legislature of 1907 pro- 
vided for building a separate school for girls, and the Board 
of Control selected Sauk Centre as the site of the new school. 
The cities and villages have their "lock up" and the counties 
their jails for the confinement of petty offenders and the 
detention of vagrants. 



190 THE GOVERNMENT OF MINNESOTA 

The State Board of Visitors.— The charitable and cor- 
rectional institutions of the State are under the management 
of the Board of Control (page 65). Prior to its creation in 1901, 
there had been a State Board of Charities and Corrections, 
serving without pay, the chief duties of which were to study 
the problems of the care of the dependent classes, visit the 
various institutions, and to give such advice as was deemed 
necessary. When the Board of Control was established, 
this board was abolished. The fear was at the time ex- 
pressed that the Board of Control would be so fully occupied 
with the business side of its duties that the humanitarian 
aspects of charitable and correctional work would be neg- 
lected. While the State institutions do not seem to have 
suffered greatly in this way, the Legislature has seen fit to 
create a " State Board of Visitors for Public Institutions," 
to do the work formerly done by the Board of Charities and 
Corrections. Upon the request of the Governor it is required 
to investigate the condition of any of the charitable or penal 
institutions and report its findings to him for transmission 
to the Legislature. 

" After-Care " of State's Wards.— The State's care and 
oversight of these unfortunate classes is not confined to 
maintaining institutions to meet their various needs. It is 
recognized that life in an " institution" is abnormal and that 
the natural family life should be substituted for it as soon as 
possible. With this end in view the State Public School 
employs agents to find homes for dependent children and 
to have an oversight of them as long as seems necessary. 
Youths committed to the Training School are released "on 



CARE OF THE DEPENDENT CLASSES 191 

parole" as soon as it is deemed wise; but, while given their 
freedom within prescribed geographical limits, they remain 
the wards of the State and in the legal custody of the Board 
of Control. Agents of the school find homes or employment 
for them as the case may require till final release and, even 
then, aid them whenever possible. The same policy is pur- 
sued in case of prisoners paroled and released from the Re- 
formatory and the State prison. Recently the State's after- 
care has been extended to patients discharged from the 
hospitals for the insane. 

Support of Poor by Relatives. — The law fixes the lia- 
bility for the care of the poor first upon relatives, if they are 
financially able, in the following order: children, parents, 
brothers and sisters, and grandchildren or grandparents. 
If such relatives refuse to support the poor dependent upon 
them, the local authorities may, through the courts, compel 
them to pay fifteen dollars a month into the public funds for 
the support of the poor. 

Care of Poor by Local Governments. — Aside from the 
classes mentioned above the State requires the local govern- 
ments to provide for their poor who have no relatives to sup- 
port them. The reason for making the local governments 
responsible for the care of the poor is obvious. If poor-relief 
were paid out of State funds each community would be 
readier to make poor persons a public charge than it is when 
the charge is paid by the community alone. There are two 
systems of caring for the poor in the State: (1) the county 
system, and (2) the town system. The law allows the people 



192 THE GOVERNMENT OF MINNESOTA 

of each county to determine at a general election which 
system shall be adopted for the county. 

(i) The County System is in force in about five-sevenths of 
the counties; in the remainder the town system prevails. 
Under the county system the county commissioners are super- 
intendents of the poor. They may establish and maintain a 
poor-house, with or without a farm. Each commissioner 
may, on application, commit the poor of his district to the 
poor-house. Thirty-seven counties have provided public 
poor-houses; in the remainder the poor are boarded in such 
families as are willing to take them. The law allows two or 
more counties to join in maintaining a " district" poor-farm, 
but no counties have yet taken advantage of this provision. 
" Outdoor relief" may also be given by the board; i. e., food, 
clothing, rent, or medical attendance may under certain 
restrictions be given to the poor in their own homes. This 
form of relief is subject to many abuses and the law, therefore, 
limits the amount that can thus be dispensed to any person 
or family, usually to $20 in any year; though as much as $50 
may be so granted. 

(2) The Town System makes the town, the village, or the 
city responsible for the care of their poor. The supervisors 
and the council are the superintendents of the poor, and are 
authorized to grant relief by paying board or rent, furnishing 
food, clothing, and medical attendance, and by burying the 
dead. The law authorizes the county board in any county 
having the town system to maintain a poor-house and pay 
the cost thereof; and then to charge each town, city, or 
village for the board of the poor committed by them to the 
poor-house. This requires all these municipalities to keep 



CARE OF THE DEPENDENT CLASSES 193 

on hand a fund from which to pay such expenses. There 
are four counties in the State where this " mixed system" 
prevails, viz., Hennepin, Ottertail, Rice, and Winona Counties. 

The town system is likely to be more economical than the 
county system; but the economy practised may easily pass in- 
to niggardliness, and may result in great hardship to deserving 
poor. Where due care is practised in making commitments 
and in granting outdoor relief, the county system probably 
divides the burden of poor relief more equitably; for it is a 
matter of common observation that those who apply for aid 
seem naturally to drift to the villages and cities, and thus make 
an undue charge upon these places under the town system. 

The Question of" Residence" often arises in the administra- 
tion of poor relief. The State does not undertake to care for 
any except its own poor; nor does it require any local govern- 
ment to do so. If a person has lived one year in the State, 
he has gained a legal " residence" or " settlement"; and the 
law makes that county in which he has longest resided within 
the year responsible for his care. If the town system pre- 
vails, he is deemed to have a " settlement" in that town in 
which he has longest resided within the one year preceding 
the application for aid, and that town is responsible for his 
care. The officers of a local government are authorized to 
remove persons seeking relief to the place of their legal 
settlement. The law makes it a finable offence for any one 
to bring or send into the State any person with intent to make 
him a charge upon a county or town. 

Cost of Poor Relief .—The problem of poor relief is not 
so great in a new State like Minnesota as it is in the older 



194 THE GOVERNMENT OF MINNESOTA 

States; but it is a growing one. In 1885 *he total public 
expenditures for poor relief by all the counties, towns, cities, 
and villages in the State amounted to only $267,620. In 
1905 the amount so raised had increased to about $500,000. 
Of this amount $304,669 was raised by the counties, $54,477 
by the towns, and $140,396 by the villages and cities. The 
amount expended in the charitable institutions of the State 
has also increased very rapidly. 

Private Charity. — In addition to all these public means of 
relieving poverty and distress there are also many private 
agencies at work for the same end. There are foundling 
societies for the care of homeless children, homes for the aged, 
and places of refuge and shelter for various unfortunate 
classes; there are fraternal organizations which give aid to 
their needy members; the churches render such aid through 
their home missionary societies; hospitals are supported by 
private gifts, in which those who are not able to pay may 
receive care; in the larger villages and cities there are charita- 
ble societies and humane societies; and in every neighborhood 
individual gifts in time of stress are constantly being made 
of which the world knows nothing. Private aid has also 
been freely given to whole communities which have suffered 
some great loss as in case of a tornado, or in case of 
destructive fires like those at Hincklay in 1894 and at Chis- 
holm in 1908. So vast and powerful is the State we some- 
times think of it as commanding and directing all the acts 
of its citizens; but here we have a fine example of people 
voluntarily performing duties not required of them by the law 
—duties that require money, time, and effort. 



CARE OF THE DEPENDENT CLASSES 195 

The State Conference of Charities and Corrections is a 
private organization worthy of special mention. It is com- 
posed of men and women throughout the State interested in 
philanthropic work. The conference has a meeting each 
autumn in some city in the State to discuss problems con- 
nected with charity work. It performs an important service 
by spreading information about State and local charitable and 
penal institutions and their problems, and by rousing an in- 
telligent interest in preventive and curative methods of treat- 
ing the dependent and defective classes. 

These examples of State and private interest in those who 
cannot take care of themselves in the normal way show that 
society is not purely "individualistic"; that it recognizes its 
responsibility to the unfortunate classes; and that it under- 
goes great sacrifices in order to make life brighter and fuller 
for its unfortunates. 

SUGGESTIONS AND QUESTIONS. 

1. The Legislative Manual has interesting descriptions of all the 

State institutions mentioned above. Brief reports may be made 
on each institution following some such outline as this : Its his- 
tory; buildings and equipment ; purposes; inmates — number, 
how admitted; cost of maintenance, cost per inmate; man- 
agement. See the Manual for 1907, pp. 235-252, 552-553. 

2. Report upon the system of poor relief in your county. 

3. Report upon the system of poor relief in your city or village. 

4. Describe the work of any charitable organization in your com- 

munity. 

5. Why would it not be well to repeal the laws relating to the 

care of the poor and leave the whole matter to private bene- 
faction? 

6. What examples, other than those of a charitable character, can 

you give to illustrate the fact that people often render a service 



196 THE GOVERNMENT OF MINNESOTA 

valuable to society, not required of them by law, and for which 
they receive no recompense ? 
7. Read Dickens's Little Dorrit or Oliver Twist and compare the 
way the poor were treated in England in the days of those 
stories with the way the poor are treated in your community 
and the State. 



INDEX 



Accused persons, rights of, 16, 17. 
Act, 37. 

Adjutant-General, 56. 
Agricultural High Schools, 164. 
Agriculture, 7. 
Appointed officials, 54. 
Apportionment of members of Legis- 
lature, 25. 
Assessment, 148. 
Associate Justices, 69, 71, 72. 
Attainder, Bill of, 46. 
Attorney-General, 61. 
Audit, Board of, 61. 
Auditor of State, 58-60. 

Ballots, 135. 

Bill of Attainder, 46. 

Bill of Rights, 14-20, 68, 78. 

Bills, introduction of, 33; passage 
of, 36; signing of, 37. 

"Board of Audit," "of Deposit," 
61; of Control, of Health, Medi- 
cal Examiners, Regents for the 
University, 54. 

Board of Health and Vital Statistics, 
State, 66. 

Bond, sheriffs, 93; other county 
officers, 96. 

Boroughs, 117. 

Boundaries, change of county, 86. 

Capitol, 23. 

Capitol Commission, 54. 

Census, 24. 

Challengers of voters, 135. 

Chief Justice, 69, 71, 72. 

Child Labor Law, 6^, 64. 

City and village streets, 185. 



City government, 109-117; Home 
Rule charters, 112. 

College of Education, 173. 

College of Science, Literature and 
Art, 164. 

Commissioner of Labor, 63, 64. 

Committee on Railroads, on Banks, 
on Education, on Public Health, 
on Finance, on Judiciary, 32. 

Committees, "standing," 32; work 
of, 34; of the whole House, 35. 

Constable, 102. 

Constitution, State, framing of, 3, 
4; nature of, 10, n; Preamble, 
10; scope of, n; provision for 
amendment, n, 12. 

Contested elections, 27. 

Contracts, impairment of, 47. 

Corrupt Practices Law, 138. 

Cost of government, 144; of Poor 
Relief, 193. 

Counties, forming of, 87, 88; 
County Board, 88, 89. 

County Auditor, 89; Treasurer, 90; 
Register of Deeds, 91, 92; Sheriff, 
93; Attorney, 93; Clerk, 94; 
Coroner, 95; Surveyor, 96. 

County Board of Commissioners, 
88. 

Courts 68; Supreme, 69-73; Dis- 
trict, 73-79; Justices of the Peace, 
80; Municipal, 80, 81; Probate, 
81; Juvenile, 82. 

Dairy and Food Commissioner, 54. 
Delegate Convention, 129. 
Delegates, 128. 
Delinquent taxes, 152. 



197 



198 



INDEX 



Democratic State Central Com- 
mittee, 126. 
"Distribution of funds," 152. 
District courts, 73, 74; officers of, 76. 
Duties of counties, 88. 

Education, 159; compulsory, 175. 

Election boards, 134. 

Election districts, 133. 

Election expenses, 139. 

Election of United States Senators, 

49. 
Elections, general, 133; city, 140; 

town officers, 101; village officers, 

108. 
Equalization of assessment, 149, 150. 
Equal representation, 24. 
Ex post facto law, 47. 
Excessive bail, 16. 
Executive department, 51-66. 
Expenditures, town, 103. 

Farmers' institutes, 176. 
Federal constitution, 21, 22, 45, 49. 
Federal government, 10, 21; rela- 
tion to militia, 57. 
Felony, 75. 
Finns, 10. 
Forfeited rights, 123. 

Germans, 10. 

Governor, term, 52; powers, 52-57. 

Governors of Minnesota, 52. 

Graded-School inspector, 172. 

Grand jury, 77. 

"Great charters," 16. 

Gross earnings, tax, 153. 

Habeas corpus, writ of, 17. 
High-school inspector, 172. 
Highways, public, 180-186. 
House committees, 32. 
House of Representatives, 23; offi- 
cers, 30. 

Impeachment, 47-49. 
Imprisonment for debt, 18. 



Incorporated villages, 107. 
Independent school districts, 161. 
Indians, when citizens, 123. 
Inheritance tax, 154. 
Initiative and referendum, the, 39, 
40. 

Journal of each legislative house, 

Judicial department, 68-84. 
Jurisdiction of district courts, 74. 
Jury, grand, 77; petit, 78, 79. 
Justices of the Peace, 103. 
Juvenile court, 82, 8^. 

Labor, Commissioner of, 6^ y 64. 

"Law and Equity," courts of, 75. 

Laws in effect, 38. 

Legislative Manual, 29. 

Legislature, 22; sessions of, 23; 
"extra sessions," 24; limitation 
and special powers of, 42-49. 

Levy, the, 147. 

Libel, 16. 

Liberty of the press guaranteed, 15. 

Lieutenant-Governor, 58. 

Loans, 105. 

"Lobby, the," 38, 39. 

Local government, 85-117. 

Mayor, 113. 

Members of Legislature, apportion- 
ment of, 24; qualifications, 25, 26; 
eligibility of, 27; compensation of, 
28; privileges of , 28. 

"Merit System," 142. 

Militia, State, 56, 57. 

Mining, 6. 

Minnesota, Territory of, 1-4; Ter- 
ritorial government of, 2; admit- 
ted to the Union, 4; Legislature 

of, 5- 
"Minnesota National Guard," 56. 
"Minnesota Reports," 70. 
Misdemeanor, 75. 
Mortgage registry tax, 154. 
Municipal courts, 69, 80, 81. 



INDEX 



199 



Nominations, 127; methods of , 1 28- 

130. 
Normal Schools, 164, 173. 

Oath of office, 29, 51. 
Object of government, 14. 
Officers, of the Senate, of the House, 

Omnibus bills, 44. 
Ordinances, village, 108. 

Party organization, 125. 

Petit jury, 79. 

Political parties, 125, 126. 

Population, 8-10. 

Pound master, 103. 

Powers of counties, 88. 

Preamble of State Constitution, 

10. 
President of Senate, 28, 30, 32. 
Primary elections, 130. 
Primary meetings, 128. 
Probate court, 81, 82. 
Public examiner, 62. 
Public lands, 59, 60. 

Qualifications, 25, 26. 

Quotations (Bryce), 53, 54, 71, 114; 
(Woodburn), 125; (Woodrow Wil- 
son), 22. 

Railroad and warehouse commission, 
64. 

Referendum, 40. 

Registration of voters, 134, 135. 

Religious rights, 19. 

Representatives, qualifications, 25; 
compensation, 27; privileges, 28. 

Republican State Central Com- 
mittee, 126, 127. 

Residence, 193. 

Revenue, sources of, 145. 

Revenue and expenditures, 144- 

157- 

Right of eminent domain, 19. 
Road and bridge fund, 182, 183. 
Rules, 29. 



School board, 161. 
School district officers, 161. 
School districts, common, indepen- 
dent, special, 160-162. 
School for the Feeble-Minded, 66. 
School revenues, 165-168. 
School, State Normal, Board for, 

54. 

Schools for the Deaf and B1M, 
directors of, 54. 

Schools, training, 8^. 

Search warrant, 18. 

Secretary of State, 58. 

Senate, 23; officers of, 30. 

Senators, qualifications, 25; com- 
pensation, 27; privileges, 28. 

Sessions of Legislature, 23. 

Slander, 16. 

Slavery prohibited, 105. 

Sources of revenue, town, 104. 

Spanish- American War, 57. 

Speaker of the House, 28, 30. 

Special school districts, 162. 

St. Paul, State capital, 23. 

Standing army, 19. 

State authority, scope of, 21, 22. 

State Conference of Charities and 
Corrections, 195. 

State government, 5. 

State library commission, 54. 

State prison, 66. 

State reformatory, 66. 

State roads, 184. 

State sanitarium, 66. 

State University, 66, 164. 

Statistics of births and deaths, 66. 

Superintendent of banks, 54, 63. 

Superintendent of public instruction, 
62, 169. 

Swedes, 10. 



"Tax reform," 155. 
Taxation, 146-157. 
Taxes, collection of, 151, 152; 

special, 153, 154. 
Territory of Minnesota, 1-4. 



200 



INDEX 



Town, 98-106; organization of, 100. 
Town government, sketch of, 98. 
Town meetings, 101; officers, 101- 

103; finances, 103-105. 
Training of teachers, 173. 
Training schools, 66. 
Treason against the State, 18 
Treasurer of State, 60, 61. 
Trial by jury, 16. 

Undervaluation, 148. 



Vacancies in Legislature, 26. 

Village, organization of, 107; offi- 
cers, 108. 

Voters, qualifications of, 120-124; 
women, 123, 124. 

Votes, casting of, 136; canvassing, 

Women voters, 123. 
Writ of mandamus, 69. 
W r rit of quo warranto, 70. 



JUN 



13 1911 



S 



One copy del. to Cat. Div. 



MJN 13 1911 



LIBRARY OF 



CONGRESS 



021 051 336 A 



